THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
THE
CORRUPT PRACTIOES ACT, 1883,
WITH
INTRODUCTION
AND
FULL INDEX.
BY
J. RENWICK SEAGEE,
Author of "A Handbook of Parliamentary Registration,''^ S^-c. ^v.
LONDON:
P. S. KING & SON, PAELIAMENTAEY AGENCY,
KING STREET, WESTMINSTER, SAV.
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INTRODUCTION.
The " Corrupt Practices Act, 1883," which comes into force
on the 15th of October next, has two main objects : first,
that of the prevention of illegal and corrupt practices in
connection with parliamentary elections ; and, secondly, the
diminution of expense in the conduct of such elections.
Both these objects are carefully and elaborately provided
for in this Act, and if its provisions are honestly carried
out, the length of a man's purse will not, as now, be such
an important factor ; and the w^y will be opened for many
men of talent, with small means, to take part in the
government of the country, who have been hitherto deterred
from seeking a seat in the House of Commons by the great
expense which a contest entails. It is to be hoped, that
not only will the House of Commons thus gain by the
addition to its ranks of talented members, but that the
people themselves will be gainers, by having their sense
of patriotism increased, inasmuch as most of the work of
the election will have to be of a voluntary character; and
the electors will feel that a great public duty is put upon
them ; and that they are not merely assisting in a business
which is to result in lining their own pockets in return for
the social elevation or aggrandisement of the candidate.
The Act is only to remain in force till the 31st of
December, 1884, unless continued by Parliament, but there
is not much doubt that so well-considei-ed and beneficial an
412689
4,
Act will be renewed. It is to be regretted, however, that
when the Act was drafted, it did not repeal all prior statutes
relating to corrupt practices, instead of leaving a section
here, and a part of a section somewhere else, which have to
be read with this statute.
The Act is divided into ten parts : the first four dealing
with matters which are illegal, the fifth with expenditure
which is permissible, and the rest of the Act with election
petitions and the legal proceedings consequent thereon.
The matters which are declared to be illegal are under three
heads. Corrupt Practices, Illegal Practices, and Illegal
Payment, Employment, or Hiring.
Corrupt Practices,
Prior to this Act, although treating was illegal, and
rendered the candidate, if he was a party to it, liable to a
heavy penalty, and rendered the voter who accepted it
incapable of voting, it did not punish the person treating,
unless he were the candidate. It is now enacted that any
person who, before, during, or after an election, by himself or
by any other person, either directly or indirectly, gives, or
provides, or pays, wholly or in part, the expense of giving
or providing any meat, drink, entertainment or provision
to, or for, any person, for the purpose of corruptly
influencing that person, or any other person, to give, or
refrain from giving, his vote at the election ; or, on account
of his having voted, or refrained from voting, or, being
about to vote, or refrain from voting, shall be guilty of
treating. And every elector who corruptly accepts the
same will also be guilty of the same offence.
Bribery is defined by the Corrupt Practices Prevention
Act of 1854 to comprise the giving, or lending, or offering,
or providing to give, or lend, any money, or valuable
consideration, to a voter, or to any person on behalf of a
voter, or to any other person, to induce any voter either to
vote, or refrain from voting. It likewise includes the offer
of, or agreeing to give, or procure, any office, place, or
employment, for any voter, or the corruptly doing of any
such act on account of any voter having voted, or refrained
from voting.
Although the word " corruptly " is not used in the
section defining the offence, it is to be implied.
Candidates may subscribe to political associations for
the purpose of defraying the expenses of registration of
voters, but it is doubtful whether payment could be made
to a man to compensate him for loss of time in attending
the revising barrister's court to substantiate his claim to
vote. It is clear that payment for a man's loss of time in
going to the poll would be bribery, and that paying a man's
rates for the purpose of enabling him to be registered as a
voter would be illegal if done for the purpose of corruptly
influencing his vote. A voter who is employed in any
capacity in the election may not vote, but if he did, probably
it would be bribei'y, as well as an illegal practice. Charities
dispensed by a candidate, or his agent, would be bribery,
if corruptly given for the purpose of influencing the voter
receiving them. To be " corrupt '' the act must be done
with the intention of influencing the election, and many
acts, which are perfectly innocent in themselves, would
become illegal, if done with this purpose in view.
Undue influence is defined by the present Act to mean
the using, or threatening to use, any violence, force, or
restraint, or inflicting, or threatening to inflict, any temporal
or spiritual injury, damage, harm, or loss, upon any person
to induce him to vote, or refrain from voting. The words
are almost identical with those of the Act of 1854, with the
exception of the words " temporal or spiritual injury,"
which have been substituted for the word " intimidation,''
in the earlier Act.
Temporal injury no doubt points to such cases as the
threat of eviction by a landlord, or the withdrawal of
custom, or dismissal from employment. While " spiritual
injury '' would probably mean the threat of ex-communica-
tion by an ecclesiastic, or the denial of the rites of
religion. It appears doubtful whether the mere excitation
6
of superstitious fears — as, for example, telling a man that if
he votes for A B he will peril his soul — would be considered
a spiritual injury. This seems to be a change for the
worse, inasmuch as it is not an unknown circumstance that
priestly influence has been brought to bear in favour of
candidates of a certain class, and unfortunately there are
electors amenable to such influence. It is probable that
the detaining of workmen, so as to prevent their voting,
would come within the word " restraint/'
The punishment for bribery, treating, or undue influence,
is iibprisonment, with or without hard labour, for a term
not exceeding one year, or a fine not exceeding £200. In
addition to this, the offender is to be incapable of being
registered as a voter, or voting in any election for seven
years after the date of conviction (this only refers to
parliamentary elections) ; and he is excluded from holding
any judicial or public ofiice. This includes the office of
justice of the peace, and revising barrister.
Personation of a voter, or the aiding or abetting of the
offence is to be even more strictly dealt with ; any person
convicted of this offence is guilty of felony, and is subject
on conviction to imprisonment, with or without hard labour,
for a term not exceeding two years.
By the Ballot Act, personation not only includes the
application for a ballot paper in the name of some other
person, either living or dead, or of a fictitious person, but
the application for a ballot paper in the voter^s own name,
when he has already voted once at the election.
Where, after a trial of an election petition, it is reported
to the Speaker by the court, that the offence of bribery, or
personation, was committed by any candidate, or with hia
consent, or that treating or undue influence was exercised
by him, or with his consent, in addition to the punishment
already specified for such offences, he is for ever rendered
incapable of sitting in the House of Commons for the
county or borough in which the offence was committed.
Where it is reported that the candidate, by his agents,
has been guilty of any corrupt practice, lie is precluded
from sitting in tte House of Commons for that county or
borough for seven years from the date of the report; and
in both cases the election is void. %
Illegal Practices.
By this Act, payment for the conveyance of voters to
the poll is prohibited, either by road or rail ; likewise, pay-
ment to electors for the exhibition of bills of any kind,
except where it is the business of the voter to post or
exhibit bills. Payment for the use of committee rooms,
beyond the number allowed by the Act, is also declared
illegal, A Schedule attached to the Act limits the amount
which may be spent in an election, any expenditure in
excess of this amount is an illegal practice, and renders the
candidate, or his election agent, who knowingly breaks the
law, liable to punishment.
Publishing a false statement of the withdrawal of a
candidate is an illegal practice ; likewise inducing a person
to vote who is prohibited by law from voting, or voting
where the voter is ineligible to vote — as, for instance, where
he is a paid clerk or agent engaged in the election. In
these cases, however, the candidate is not liable for the act
of any agent, except his election agent. The punishment
for breach of this enactment is a fine not exceeding one
hundred pounds, and being incapacitated from being
registered as an elector, or voting at any election, either
Parliamentary or for a public office within the county or
borough in which the ofience was committed, for the space
of five years from the date of conviction.
A public office means any office under the Crown, or
under the charter of a city or borough, or for a member
of a school board, or local board, or guardian, or any other
municipal or parochial office.
It is also enacted that where an enquiry is held by an
election court, they are now to report illegal practices, as
well as corrupt practices, and if they report that any illegal
practice has been committed,, by or with the knowledge or
consent of any candidate^ lie is incapacitated from sitting
in the House for that county or borough for seven years ;
while if the report states that the agents of the candidate
have been guilty of illegal practices, such candidate cannot
be elected or sit for that place during the parliament for
which the election was held, and in both cases the election
is void.
The law of agency is not affected by this Act, and
therefore all persons who do any acts tending to promote
the election of a candidate, with his own or his authorised
agents' knowledge, would be agents, whether paid or not.
Thus, every member of the executive committee of a
political association which was supporting any candidate
might void an election, were he guilty of any illegal
practice, as defined by this Act. A mere canvasser who
was sent round to obtain information, rather than to
exercise personal influence, would hardly be deemed an
agent, nor would the candidate be liable for the acts of
any member of a general committee of several hundreds,
who were only nominally a committee, unless some
special circumstance brought such member into a more
close relationship with the candidate. The law of agency,
however, is very vaguely defined, and it would be
impossible within the limits of the present paper to
adequately discuss it.
Illegal Payment, Employment, and Hieing.
By this Act it is illegal to provide money for the pay-
ment of anything contrary to the provisions of this Act, or
of expenses in excess of the maximum amount allowed by
the Act. This will affect political associations as well as
some of the great political clubs, who have hitherto been
active in supplying pecuniary aid in certain places. It is
prohibited to let, lend, or employ any stage or hackney
carriage or horse or other animal kept for drawing it, or any
horse or carriage kept for the purpose of letting out on hire,
for the purpose of gratuitously conveying voters to the poll.
9
But there is nothing to prevent any voter or party of voters
hiring any such carriage at their own joint cost. There is
no provision for the conveyance of the sick and infirm as
was at first suggested ; but there is nothing to prevent any
person lending any conveyance not covered by the previous
words — that is, not being a conveyance usually let out on hire
— gratuitvusly for the purpose of the conveyance of voters,
and no duty will be payable or any license required for such
conveyance. The only exception in which payment may be
made for the conveyance of voters, is where the nature
of the county is such that any electors are unable to reach
their polling place without crossing the sea, or an arm of
the sea. In such a case payment would be allowed in addi-
tion to the maximum amount of expenses allowed by the
Act. Corruptly inducing or procuring a candidate to with-
draw from an election in consideration of payment, or pro-
mise of payment, is an illegal payment within the Act, and
renders both the parties liable to punishment. It is to be
noted that wherever the word " payment '■" is used in this
Act, it includes the giving or promising any office, place, or
employment, and any valuable consideration or other equi-
valent for money.
Payment for bands of music, torches, flags, banners,
cockades, ribbons, or other marks of distinction, is pro-
hibited, and is an illegal payment. By the Act of 1854
such payments were declared to be^ illegal, and rendered
persons making them liable to 40s. penalty in every case ;
but this Act makes it an offence punishable l)y a fine of
£100, and in the case of a candidate or his election agent it
is to be deemed an illegal practice, with all the penalties
attendant upon such an offence.
It is not onl}'^ at the immediate period of the election
that such payment or contract to pay is forbidden ; by the
Act, if before, during, or after an election, this section of the
Act is contravened, the person making the payment is guilty
of illegal payment, and any person being party to such a
contract or receiving such payment, knowing that it was
being made contrary to law, will be equally guilty.
10
As the Act specifies wtat persons may be employed for
payment, and in what capacities, it is made illegal to employ
any other persons. Therefore the employment of clerks
or messengers in excess of the number specified is illegal ;
while the employment of paid canvassers or watchers is
absolutely prohibited. Every bill, poster, or placard having
reference to an election, must bear upon its face the name
of the printer or publisher, and the issuing or posting of
such bills, &c., by a candidate or his election agent without
such name is a corrupt practice^ and in the case of any
other person an illegal practice. This will have a very
salutary effect in some places, and will probably put an
end to some of the scurrilous libels incident to election
times.
It is an illegal hiring to have committee rooms for
election purposes in any public house, or refreshment house,
or any premises where intoxicating liquors are licensed to
be sold, either wholesale or retail ; the only exception being
that of a permanent political club. Nor may committee
rooms be taken in any public elementary school receiving
an annual parliamentary grant, unless in any of these cases
the other parts of the premises are structurally separate
from the prohibited premises, and are ordinarily let-off
as chambers or offices, or used for public meetings or
arbitrations.
The term '* committee room'' will not include any house
or room occupied by the candidate as his dwelling, merely
because the candidate transacts business with his agents
there ; nor will a room in which the candidate addresses
the electors or his committee men be so considered. This
is evidently to meet the difficulty of the candidate staying
at an hotel where, without doubt, he would frequently be
obliffed to see his agents and members of his committee.
As before stated, any person guilty of the offence of
illegal payment, hiring or employment, is liable to a fine of
£100, and if he is a candidate or election agent it becomes
a corrupt practice, with its penal results to the candidate
of exclusion from the House of Commons, and the voiding
r>f the election.
11
There isj however, a provision in favor of the candidate,
that where, on an enquiry by an election court, it shall be
proved, and the court shall report that, although offences
have been committed contrary to the statute, that they
were committed without the sanction or connivance of the
candidate or his election agent, and that the candidate and
his agent took all reasonable means to prevent such
offences, and that in all other respects the candidate and
his agent were free from any corrupt or illegal practice ; in
such case the candidate is not liable to any penalty under
this Act. Likewise, where any payment^ employment, or
other matter has been made or done in contravention of the
Act innocently, and it is proved either to the High Court,
or the Election Court, that such acts have been inadvertent,
and the court accepts the excuse, the court has power to
allow the matter to be an exception to the Act, and to
exonerate all parties from blame. It may be taken,
however, that the court will expect very strong evidence of
innocence before it grants absolution to candidate or agent.
Any indictment under this Act, or the Corrupt Practices
Prevention Acts, may be tried at the Central Criminal
Court, or before a Judge with a Special Jury at the Royal
Courts of Justice if the Court so directs.
Election Expenses.
The next part of the Act deals with election expenses.
A candidate on or before the day of nomination must name
some person to be his election agent (he may now nominate
himself if he chooses). In counties he may nominate one
sub-agent for each polling district, who is equally responsi-
ble with the election agent, and the candidate for both.
The returning officer is to have notice given him of the
appointment of the agent or sub-agents, and is to publicly
notify the same. When an election agent ceases to be agent
for a candidate the appointment of the sub-agents still exists,
unless revoked by the election agent for the time being.
Both agent and sub-agent must have, within the county or
12
borough they act for, an office where all claims or documents
may be sent, and the notice issued by the returning officer
must state the address.
No contract is enforceable against a candidate or his
election agent unless it was made by the candidate himself
or his election agent or sub-agent duly appointed, although
the inability to enforce the contract does not relieve the
candidate or his agent from the consequences of any acts,
illegal or corrupt, that may have been done by other agents.
Every payment above 40s. must be vouched for by a
bill stating the particulars and by a receipt.
All claims against a candidate must be sent in fourteen
days after the election, instead of one month as heretofore j
and all expenses must be paid within twenty-eight days
from the date of election, except where there is a dispute
between the election agent and the person who has made a
claim ; in that case the claimant is left to his remedy of
action, and if it is only the amount which is in dispute, the
court may order it to be settled by an arbitrator (either a
master or official referee or some other officer of the court) .
The candidate is permitted by the Act to spend a
sum not exceeding £100, for personal expenses, including
hotel bills, &c., and within fourteen days after the election
he must supply the election agent with an account of such
expenditure.
The election agent may authorise in w^riting any person
to expend any sum for petty expenses, for postage, tele-
grams, stationery, &c., but must limit the amount, and will
himself be liable for any excess of that amouut.
Within thirty-five days from the date of election, the
election agent for each candidate must return a statement
of all payments, with bills and receipts, of the personal
expenses of the candidate, of the returning officer's charges,
and of any disputed or unpaid claims, and, in addition, must
state what moneys, securities, or equivalents for money, he
has received from the candidate or from any other person
for the purposes of the expenses of the election, with a
statement of the names of the persons from whom they were
received.
13
This provision, together with the one recently iidverted
to, making all persons supplying money in excess of the
maximum amount allowed by the Act to be expended, liable
for an illegal payment, will have to be carefully considered
by political associations ; the Interpretation Clause of the
Act including any association or body of persons in the
word '' person," and stating that the members of such asso-
ciations shall be liable to any fine or punishment imposed
by the Act.
The return, having been made, must be transmitted to
the returning officer, accompanied by a declaration by the
election agent, made before a justice of the peace, stating
that the return is correct, and that no other payment has
been made, either by himself or any other person, club,
society, or association, or any promise made of payment, or
offer of reward, office, employment, &c., and that beyond
the return he makes, no money has been deposited, paid, or
advanced for the management of the election.
Within seven days of the return by the agent, the
candidate must make a declaration.
This declaration states, that beyond the amount stated
in the return, the candidate believes that no person, club,
or association has made any payment, or promised any
reward, office, employment, or valuable consideration in
respect of the election, and that the return made is correct,
and that he will not be a party to making any other payment
at any future time in respect of the election.
The penalty for not transmitting the return of election
expenses, as directed by the Act, is, that after the time
specified, the person elected cannot sit or vote in the House
of Commons until the Act is complied with, and if he sit
or votes he is liable to forfeit £100 per day to any person
choosing to sue for the penalty, and the election agent is
guilty of an illegal practice.
Refusal or failure on the part of an election agent or
sub-agent to make the necessary return renders such person
liable to a fine of £500.
A fake declaration lirings the person making it within
u
the criminal law^ and they are liable to punishment fur
wilful and corrupt perjury. The High Court has power to
excuse any error or false statement in the return, or the
non-transmission, as directed, where the error has arisen
from illness, absence, death, or misconduct of any agent or
clerk, or from any reasonable cause.
A summary of the returns is to be published by the
returning officer within ten days, in two newspapers circu-
lating in the county or borough for which the election was
held, and he is to state at the same time where the returns
may be seen.
Any person may inspect the returns and declarations at
the office of the returning officer upon payment of one
shilling, and have copies made at a specified charge. They
are to remain open for inspection for two years, and after
that time are to be either destroyed or returned to the
candidate, if he wishes it.
Before a person, not being a candidate or party to the
election petition, is reported guilty of any corrupt or
illegal practice, he is to have the opportunity of being
heard and of defending himself. He has a right of appeal
to the next assizes.
The public prosecutor who is to be represented at all
inquiries by an election court is directed to report any case
to the Lord Chancellor, where a justice of the peace has
been guilty of any corrupt practice, and the Lord Chan-
cellor has power to remove him from the commission of
the peace. When a barrister or a solicitor, or surgeon, or
a physician is reported guilty of corrupt practice, the public
prosecutor is to report their case to whatever tribunal has
power to deal with the person reported, as the High Court
or an Inn of Court.
Persons holding licenses under the Licensing Acts
repoi'ted guilty of bribery or treating, are to be reported to
the licensing justices, and they shall consider whether the
license shall be renewed.
A list is to be made annually in every county or borough
of persons who have been found guilt}^ of corrupt or
illegal practices^ and who would otherwise be eutitlcd to
vote, and the list is to be published with the list of voters
by the overseers, and the names of all such persons are to
be expunged from the list of voters.
The time for petitioning against a return is shortened
from 21 to 14 days in cases where illegal practices alone
are alleged ; in cases where bribery is alleged the period is
still 28 days. In calculating the number of days, Sundays
will not count, and it excludes the first and includes the
last day. The time will begin to run from the day on
which the returning officer receives the return and declara-
tion from the election agent, and if they were not received
at the same time, then the time is to commence from the
day on which the last was received.
When once a petition is lodged it cannot be withdrawn
without the consent of the High Court. It is illegal to
make an arrangement to withdraw a petition for payment,
or in consideration of the seat being vacated at some future
time, or in consideration of the withdrawal of any other
petition. Liability to imprisonment for twelve months and
a fine of £200 is the penalty for the infraction of this section.
The public prosecutor is to attend the trial of every election
petition by himself or representative, and he has power to
intervene and call witnesses. It is his duty also to prose-
cute all persons who have been guilty of corrupt or illegal
practices, and who have not received a certificate of indem-
nity from the court. The court has power to make the
parties to the petition pay the public prosecutor's costs.
No person can be prosecuted for any offence under this
Act after twelve months from the time when the alleged
offence was committed, or three months after the election
court has made its report ; and in the latter case it must be
within two years after the offence was committed.
Polling districts are to be so arranged in counties that
every elector shall have a polling place within three miles
of his residence, except where the district is so sparsely
populated that it would contain less than 100 voters.
In boroughs every resident elector shall have a polling
1(5
place within one mile of his residence ; but it is optional
with the local authority so to divide the borough if a
polling district would contain less than 300 voters.
The boroughs of East Eetford, Shoreham, Cricklade,
Much Wenlock and Aylesbury are excepted from this
provision. The distance in these cases being extended to
three miles, and the number of electors reduced to 100.
Section 5 of the Ballot Act is incorporated with this
section, and therefore any order for the division of polling
districts only applies to lists of voters made after the date
of the order, and to elections held after the time when the
register so formed comes into force.
The Act is made applicable to Scotland and Ireland.
The only exception being, that in Scotland the list of
persons found guilty of corrupt or illegal practices are to
be published by the assessor for the county or borough, and
in Ireland by the registration officer himself, and not, as in
England, by the overseers.
Legal Expenditure.
Having pointed out the several matters which are illegal,
the Act specifies the persons who may be employed and the
amount which may be legally expended in an election.
Each candidate is allowed to have one election agent
and no more, but a candidate may be his own election
agent.
In counties, sub-agents may be appointed, one for each
polling district ; and in counties and boroughs a polling
agent in each polling station, presumably the latter persons
are to act as personation agents, as no other persons are
allowed to remain in a polling station under the Ballot
Act, except the officials of the returning officer. A clerk
and a messenger may be employed for the central com-
mittee room, and where the number of electors exceeds
five thousand, an additional clerk and a messenger for
every complete five thousand on the register.
Clerks and messengers, in the proportion of one of each
17
for every polling district with five hundred electors, or if
more than five hundred, a clerk and a messenger for each
complete five hundred. If there are more than five hun-
dred electors in a polling district, but not one thousand,
two clerks and two messengers may be employed, or
wherever after taking the complete number of five hun-
dreds, there are a number not amounting to a complete five
hundred, an additional clerk and a messenger may be em-
ployed. These clerks and messengers are not necessarily to
be employed for any particular polling district, but may be
sent to whatever place within the county their services are
required.
In boroughs, besides the one election agent, only one
clerk and a messenger may be employed for every five
hundred electors on the register ; for any number of electors
over the complete five hundred, an additional clerk and a
messenger may be employed. The boroughs of East Ret-
ford, Shoreham, Cricklade, Much Wenlock, and Aylesbury,
are to stand in the same position with regard to the employ-
ment of clerks and messengers, as counties.
No person, in counties or boroughs, beyond those men-
tioned, may be employed for payment, or promise of pay-
ment, in any capacity whatever, and every person must be
appointed and paid by the election agent. Therefore, paid
secretaries and officers of political associations will not be
able to take part in the work of the election, unless they
are duly appointed as either election agents, clerks, or
messengers. In boroughs, no sub-agents can be appointed.
The election agent may give written authority to any person
to pay petty expenses, such as postage, telegrams, &c., for
a limited amount.
Any of the persons who are employed under this Act
may be electors, but if electors they cannot vote, if they do
they are subject to the penalties applicable to an illegal
practice, and the vote is thrown away.
The candidate must pay the returning officer's expenses,
which are regulated by the "Parliamentary Elections Act,
1875."
18
He is permitted to spend one hundred pounds for his
personal expenses. These would be principally his hotel
and travelling expenses ; it would include any hospitality
he extended to friends. This must be "reasonable;''
although it is diflBcult to know where the line could be
drawn. At any rate, he must not entertain any voters
" corruptly " for the purpose of influencing their votes.
He may incur the expense of printing, advertising and
publishing, issuing or distributing, addresses and notices.
Although the number of persons who may be employed
at the election is limited by the Act, it would hardly include
the services of persons employed to fold and direct notices
at so much per thousand, nor the services of " sandwich
men," — who would only be part of the necessary expense of
advertising — nor bill-stickers. Printers employed upon
election literature would not come within the meaning of
persons employed for payment.
The expense of stationery, messages, postage and
telegrams are to be allowed, likewise the necessary
expenses attending the holding of public meetings.
The expenses of a number of committee rooms, within
the limits laid down by the Act, are also to be allowed.
Exclusive of the personal expenses of the candidate
and the returning officer's expenses in an English or Scotch
county, where the electors on the register do not number
more than 2,000, £650 is the maximum amount which may
be spent ; in Ireland it is limited to £500. Where there
are more than 2,000 electors, in England or Scotland, £60
in addition for every complete 1,000 over the first 2,000,
and in Ireland £40 additional for every 1,000 may be spent.
In English and Scotch boroughs, after payment of
returning officer's charges, and candidates personal expenses,
the maximum amount would be £350, where the electors on
the register do not exceed 2,000 in number, and for every
complete 1,000 over the first 2,000 an additional sum of £30 ;
while in Ireland, where the electors do not exceed 600 in
number, £200 may be spent, with an additional £50 if more
than 500, but not more than 1000. If more than 1000 but
19
not more than 1500, the total amount expended may be
£375. There is no provision for any borough in Ireland
which may have more than 1,500 electors on the register.
Of these amounts not more than £200 may be spent on
miscellaneous matters not comprised in the list above given,
although it is difficult to see what that amount could possibly
be spent on honestly after payment of agents, clerks and
messengers, printing, postage, and the other various matters
set out in the schedule. Each candidate is at liberty to spend
his money up to the limit laid down by the Act, where he is
standing alone ; but where two candidates agree to use joint
committee rooms, or employ the services of the same sub-
agents, clerks, messengers, or polling agents, or publish a
joint address, they will only be permitted to expend three-
fourths of that amount, and if there are more than two joint
candidates, only two-thirds of the maximum amount.
The practical result of this scale may be shown thus —
In the county of Middlesex, with its 38,373 electors, the
utmost which it would be legal for a candidate to spend
would be £2,870 exclusive of personal expenses and returning
officer's expenses ; if two candidates ran together it would
be £2,152. 10s. each.
In the borough of Marylebone, with a register of 43,000
electors, the maximum amount would be £1,580 per can-
didate, or for a joint candidature £1,185.
At the last election, these constituencies cost the can-
didates an average, in Middlesex, of £5,961. 5.s. 3(/. a-piece,
and in Marylebone £1,960. 7s.
Such are the principal provisions of the Corrupt Practices
Act of 1883, which I have endeavoured to summarise and
place before the public in as concise a form as possible.
J. R. S.
3, Harcourt Buildings,
Temple.
B -1
21
COEEUPT AND ILLEGAL PEACTICES
PEEVENTION ACT, 1883.
[46 & 47 Vict, Cii, 61.]
ARRANGEMENT OF SEC^riUNS,
Corrupt Practices.
Section
1. What is treating. A, D. 1883
2. What is undue influence.
3. What is corrupt practice,
4. Punishment of candidate found, on election petition, guilty
personally of corrupt practices.
5. Punishment of candidate found, on election petition, guilty
by agents of corrupt practices.
6. Punishment of person convicted on indictment of corrupt
practices.
Illegal Prticttces.
7. Certain expenditure to be illegal practice,
8. Expense in excess of maximum to be illegal practice.
9. Voting by prohibited persons and publishing of false state-
ment of withdrawal to be illegal.
10. Punishment on conviction of illegal practice.
11. Report of election court respecting illegal practice, and
pimishment of candidate found guilty by such Report.
12. Extension of 15 and 16 Vict. c. 57, respecting election
commissioners to illegal practices.
Illegal Payment, Employment, and Hiring.
1 3. Providing of money for illegal practice or payment to be
illegal payment.
14. Emplo3^ment of hackney carriages, or of carriages and
horses kept for hire.
15. Corrupt withdrawal from a candidature.
16. Certain expenditure to be illegal payment.
17. Certain employment to be illegal.
18. Name and address of printer on placards.
Section
A.D. 1883. 19. Paving for creditoi-s.
20. Use of committee room in house for sale of intoxicating"
liquor or refreshment, or in elementary school, to be
illegal hiring.
21. Punishment of illegal pa;yTnent, employment, or hiring.
JExcuse and Exception for Corrupt or Illegal Practice or Illegal
Payment, Employment, or Hiring.
22. Report exonerating candidate in certain cases of corrupt
and illegal practice by agents.
23. Power of High Court and election court to except innocent
act from being illegal practice, &c.
Election Expenses.
24. Nomination of election agent.
25. Nomination of deputy election agent as sub-agent.
26. Office of election agent and sub-agent.
27. Making of contracts through election agent.
28. Payment of expenses through election agent.
29. Period for sending in claims and making payments for
election expenses.
30. Reference to taxation of claim against candidates.
31. Personal exjienses of candidate and petty expenses.
32. Remuneration of election agent and returning offi.cer's
expenses.
33. Return and declaration respecting election expenses.
34. Aiithorised excuse for non-compliance with provisions as to
return and declaration respecting election expenses.
35. Publication of summary of return of election expenses.
Bisqualification of Electors.
36. Prohibition of persons giiilty of corrupt or illegal j)ractices,
&c., from voting.
37. Prohibition of disqualified persons from voting.
38. Hearing of person before he is reported guilty of corrupt
or illegal practice, and incapacity of person reported
guilty.
39. List in register of voters of persons incapacitated for voting
by corrupt or illegal practices.
Proceedings on Election Petition.
40. Time for presentation of election petitions alleging illegal
practice.
41. Withdrawal of election petition.
42. Continuation of trial of election petition.
43. Attendance of director of public prosecutions on trial of
election petition, and prosecution by him of offenders.
44. Power to election court to order payment by county or
borough or individual of costs of election petition.
2:3
Section
Miscellaneous.
45. Inquiry by Director of public prosocutiona into alleged ' J l '
corrupt or illegal practices.
46. Removal of iucaj)acity ou proof that it was procured by
perjury.
47. Ameudmeut of law as to polliug districts and polling places.
48. Conveyance of voters by sea in certain cases.
49. Election commissioners not to inquire into elections before
the passing of this Act.
Legal Proceedings.
50. Trial in Central Criminal Court of indictment for corrupt
practice at instance of Attorney-General.
51. Limitation of time for prosecution of offence.
52. Persons charged with corrupt practice may be found guilty
of illegal practice.
53. Application of enactments of 17 and 18 Vict., c. 102, and
26 & 27 Vict., c. 29, relating to prosecutions for bribery.
54. Prosecution on summary conviction, and appeal to quarter
sessions.
55. Ajjplication of Summary Jurisdiction and Indictable
Offences Acts to proceedings before election courts.
56. Exercise of jurisdiction of High Court, and making of rides
of Court.
57. Director of public prosecutions, and expenses of prose-
cutions.
58. Recovery of costs paj^able by county or borough or by
person.
Supplemental Provisions, Dejinitions, Savings, and Repeal.
59. Obligation of witness to answer, and certificates of in-
demnity.
60. Submission of report of election court or commissioners to
Attorney-General.
€1. Breach of duty by officer.
62. Publication and service of notices.
63. Definition of candidate, and saving for persons nominated
without consent.
64. General interpretation of terms.
65. Short titles.
66. Repeal of Acts.
67. Commencement of Act.
Application of Act to Scotland.
68. Application of Act to Scotland.
Application of Act to Ireland.
69. Application of Act to Ireland.
Continuance.
70. Continuance.
Schedules.
24
CHAPTER 61.
A.D. 1883. All Act for the better prevention of Corrupt and Illegal
Practices at Parliamentary Elections.
[25th August, 1883.]
BE it enactyd by tlie Queen's most Excellent Majesty, by and
Tvitli the advice and consent of the Lords Spiritual and
Temporal, and Commons, in tliis present Parliament assembled,
and by the authority of the same, as follows :
Corrupt Practices.
What is 1. Whereas under section four of the Corrupt Practices
treating. Prevention Act, 1854, persons other than candidates at Parlia-
mentary elections are not liable to any punishment for treating,
and it is expedient to make such persons liable ; be it therefore
enacted in substitution for the said section four as follows : —
( 1 . ) Any person who corruptly by himself or by any other
perscm, either before, during, or after an election,
directly or indirectly gives or provides, or paj'S wholly
or in part the expense of giving or providing, any
meat drink entertainment or provision to or for any
person, for the purpose of corruptly influencing that
person or any other person to give or refrain from
giving his vote at the election, or on account of such
person or any other person having voted or refrained
from voting, or being about to vote or refrain from
voting at such election, shall be guilty of treating.
(2.) And every elector who corruptly accepts or takes any
such meat drink entertainment or provision shall also
be guilty of treating.
^ff^oi ia 2. Every person who shall directly or indirectly, by himself
undue in- or by any other person on liis behalf, make use of or threaten
flucnce. ^f, make use of any force, violence, or restraint, or inflict or
threaten to inflict, by himself or by any other person, any
temporal or spiritual injury, damage, harm, or loss upon or
against any person in order to induce or compel such person to
vote or refrain from voting, or on account of such person having
voted or refrained from voting at any election, or Avho shall by
or-.
abduction, duvoss, or any fraudulent device or coutrivaiice A.D. 1S83.
impede or prrveiit the free exercise of the franchise of any
elector, or shall thereby compel, induce, or prevail upon any
elector either to give or to refrain from giving his vote at any
election, shall be guilt}' of undue influence.
3. The expression "corrupt practice" as used in this Act TVIiat is cor-
means any of the following offences : namely, treating and rupt i raotice.
undue influence, as defined by this Act, and bribery, and
personation, as defined by the enactments set forth in Part III.
of the Third Schedule to this Act, and aiding, abetting,
counselling, and procuring the commission of the offence of
personation, and every oft'ence which is a corrupt practice within
the meaning of this Act shall be a corrupt practice within the 31 k o-> Vict.
meaning of the Parliamentary Elections Act, 1868.
c. \2d.
Piiiiislimeut
of candidate
found, ou
election
petition,
gidlty per-
sonally of
cornipt
practices.
31 & 32 Vict,
c. 125.
4. Where upon the trial of an election petition respecting
an election for a county or borough the election court, by the
report made to the Speaker in pursuance of section eleven of
the Parliamentary Elections Act, 1868, reports that any corrupt
practice other than treating or undue influence has been proved
to have been committed in reference to such election by or with
the knowledge and consent of any candidate at such election, or
that the offence of treating or undue influence has been proved
to have been committed in reference to such election by any
candidate at such election, that candidate shall not bo capable
of ever being elected to or sitting in the House of Commons for
the said county or borough, and if he has been elected, his
election shall be void ; and he shall further be subject to the
same incapacities as if at the date of the said report he had
been convicted on an indictment of a corrupt practice.
5. Upon the trial of an election petition respecting an
election for a county or borough, in which a charge is made of
any corrupt practice having been committed in reference to
such election, the election court shall rejiort in writing to the
Speaker whether any of the candidates at such election has been
guilty by his agents of any corrupt practice in reference to such
election ; and if the report is that any candidate at such election
has been guilty by his agents of any corrupt practice in reference
to such election, that candidate shall not be capable of being-
elected to or sitting in the House of Commons for such county
or borough for seven years alter the date of the report, and if
he has been elected his election shall be void.
6. (1.) A person who commits any corrupt practice other than Puni,slmient
personation, or aiding, abetting, counselling, or procuring the of person
commission of the offence of personation, shall be guilty of a mis- convicted on
demeanor, and on conviction on indictment shall be liable to be indictment
imprisoned, with or without hard labour, for a term not exceed- pi-^^t^cf
Piinifilinicnt
of caudidato
found, on
election
petition,
guilty by
agents of
corrupt
practices.
26
A.D. 1883. "ig 0^16 yeai'» 01' to be fined any sum not exceeding two hundred
pounds.
(2.) A person who commits the offence of personation, or of
aiding, abetting, counselling, or procuring the commission of that
offence, shall be guilty of felony, and any person convicted thereof
on indictment shall be punished by imprisonment for a term not
exceeding two years, together with hard labour.
(3.) A person who is convicted on indictment of any corrupt
practice shall (in addition to any punishment as above provided)
be not capable during a period of seven years from the date of
liis conviction:
(a.) of being registered as an elector or voting at any election
in the United Kingdom, whether it be a parliamentary
election or an election for any public office within the
meaning of this Act ; or
{b.) of holding any public or judicial office within the mean-
ing of this Act, and if he holds any such office the office
shall be vacated.
(4.) Any person so convicted of a corrupt practice in refer-
ence to any election shall also be incapable of being elected to
and of sitting in the House of Commons during the seven years
next after the date of his conviction, and if at that date he has
been elected to the House of Commons his election shall be
vacated from the time of such conviction.
Illegal Practices.
Certain "^ ^2.) No payment or contract for payment shall, for the
expen 1 ure purpose of promoting or procuring the election of a candidate at
practice. ^^J election, be made —
{a.) on account of the conveyance of electors to or from the
poll, whether for the hiring of horses or carriages, or
for railway fares, or otherwise ; or
{b.) to an elector on account of the use of any house, land,
building, or premises for the exhibition of any address,
bill, or notice, or on account of the exhibition of any
addi-ess, bill, or notice ; or
(c.) on account of any committee room in excess of the
number allowed by the First Schedule to this Act.
(2.) Subject to such exception as may be allowed in pursuance
of this Act, if any payment or contract for payment is knowingly
made in contravention of this section either before, during, or
after an election, the person making such payment or contract
shall be guilty of an illegal practice, and any person receiving
such payment or being a party to any such contract, knowing
the same to be in contravention of this Act, shall also be guilty
of an illegal practice.
(3.) Provided that where it is the ordinary business of an
elector as an advertising agent to exhibit for payment bills and
advertisements, a payment to or contract with such elector, if
made in the ordinary course of business, shall not be deemed to
be an illegal practice within the meaning of this section.
8- (1.) Subject to such exception as may bo allowed iu
pursiuiuce of this Act, no sum shall be paid and no expense
shall be incurred by a candidate at an election or his election
agent, whether before, during, or after an election, on account
of or in respect of the conduct or management of such election,
in excess of any maximum amount in that behalf sj)ecified in
the First Schedule to this Act.
(2.) Any candidate or election agent who knowingly acts in
contravention of this section shall be guilty of an illegal
practice,
9. (1.) If any person votes or induces or procures any person
to vote at any election, knowing that he or such person is pro-
hibited, whether by this or any other Act from voting at such
election, he shall be guilty of an illegal practice.
(2.) Any person who before or during an election knowingly
publishes a false statement of the withdrawal of a candidate at
such election for the purpose of promoting or procuring the
election of another candidate shall be guilty of an illegal
practice.
(3.) Provided that a candidate shall not be liable, nor shall
his election be avoided, for any illegal practice under this
section committed by his agent other than his election agent.
10. A person guilty of an illegal practice, whether under
the foregoing sections or under the provisions hereinafter con-
tained in this Act, shall on summary conviction be liable to a
line not exceeding one hundred pounds and be incapable during
a period of five years from the date of his conviction of being
registered as an elector or voting at any election (whether it be
a parliamentary election or an election for a public office within
the meaning of this Act) held for or within the county or
borough in which the illegal practice has been committed.
11. Whereas by sub-section fourteen of section eleven of the
Parliamentary Elections Act, 1868, it is provided that where a
charge is made in an election petition of any corrupt practice
having been committed at the election to which the petition
refers, the judge shall report in writing to the Speaker as
follows : —
(o.) "Whether any corrupt practice has or has not been
" proved to have been committed by or with the know-
" ledge and consent of any candidate at such election.
' ' and the nature of such corrupt practice ;
(b.) "The names of all persons, if any, who have been
' ' proved at the trial to have been guilty of any corrupt
' ' practice ;
(c.) " Whether corrupt practices have, or whether there is
"reason to believe corrupt practices have, extensively
" prevailed at the election to which the petition relates " :
A.D. 1883.
Expense
ill oxcf .ss of
maximum
to bo illegal
practice.
Voting by
prohibited
persons and
publishing of
false state-
ments of
withdrawal
to be illegal.
Punishment
on con-vdction
of illegal
practice.
Report of
election
court re-
specting il-
legal prac-
tice, and
punishment
of candidate
found guilty
by such re-
port.
31, 32 Vict,
c. 125.
28
A.D. 1«83.
31 & 32 Vict.
G. 125.
And whereas it is expedient to extend tlie said sub-section
to illegal })raetices :
Be it therefore enaeted as follows : —
Sub-section fourteen of section eleven of the Parliamentary
Elections Act, 1868, shall apply as if that sub-section were
herein re-enacted with the substitution of illegal practice within
the meaning of this Act for corrupt practice ; and upon the trial
of an election petition respecting an election for a county or
borough, the election court shall report in writing to the Speaker
the particulars required by the said sub-section as herein re-
enacted, and shall also report whether any candidate at such
election has been guilty by his agents of any illegal practice
within the meaning of this Act in reference to such election,
and the following consequences shall ensue upon the report by
the election court to the Speaker; (that is to say,)
(rt.) If the report is that any illegal practice has been proved
to have been committed in reference to such election by
or with the knowledge and consent of any candidate at
such election, that candidate shall not be capable of
being elected to or sitting in the House of Commons
for the said county or borough for seven years next
after the date of the report, and if he has been elected
his election shall be void ; and he shall further be
subject to the same incapacities as if at the date of the
report he had been convicted of such illegal practice ;
and
(b.) If the report is that a candidate at such election has
been guilty by his agents of any illegal practice in
reference to such election, that candidate shall not be
capable of being elected to or sitting in the House of
Commons for the said county or boi-ough during the
Parliament for which the election was held, and if he
has been elected, his election shall be void.
Extension of
15 & 16 Vict,
c. 57. respect-
ing- election
commis.sioners
to illegal
practices.
15 & 16 Vict.
c. 57.
31 & 32 Vict,
c. 125.
13. Whereas by the Election Commissioners Act, 1852, as
amended by the Parliamentary Elections Act, 1868, it is enacted
that where a joint address of both Houses of Parliament re-
presents to Her Majesty that an election court has reported to
the Speaker that corrupt practices have, or that there is reason
to believe that corrupt practices have, extensively prevailed at
au election in any county or borough, and prays Her Majesty to
cause inquiry under that Act to be made by persons named in
such address (being qualified as therein mentioned), it shall be
lawful for Her Majesty to ajipoint the said persons to be election
commissioners for the purpose of making inquiry into the
existence of such corrupt practices :
And whereas it is expedient to extend the said enactments to
the case of illegal practices :
Be it therefore enacted as follows : —
When election commissioners have been appointed in j)ur-
29
guance of the Election Commissioners Act, 1852, and the enact-
ments amending the same, they may make inquires and act and
report as if ' corrupt practices ' in the said Act and the enact-
ments amending the same included illegal practices ; and the
Election Commissioners Act, 1852, shall be construed with siu^h
modifications as are necessary for giving effect to this section,
and the expression ' corrupt practice ' in tliat Act shall have the
same meaniner as in this Act.
A.I). 18S:?.
15 & 16 Vict,
c. 57.
Illegal Payment, Employment, and Hiring.
13. Where a person knowingly provides money for any
payment which is contrary to the provisions of this Act, or for
any expenses incurred in excess of any maximum amount allowed
by this Act, or for replacing any money expended in any such
payment or expenses, except where the same may have been illegal jmy-
previously allowed in pursuance of this Act to be an exception, ment.
such person shall be guilty of illegal payment.
Providing- of
money for
illegal prac-
tice or paj--
ment to bo
14. (1.) A person shall not let, lend, or employ for the Employment
purpose of the conveyance of electors to or from the poll, any °^ hackney
public stage or hackney carriage, or any horse or other animal ^f "!^^^^^' ,^^
kept or used for drawing the same, or any carriage, horse, or and'horj5e.s
other animal which he keeps or uses for the purpose of letting kept for hire.
out for hire, and if he lets, lends, or employs such carriage,
horse, or other animal, knowing that it is intended to be used
for the purpose of the conveyance of electors to or from the poll,
he shall be guilty of an illegal hiring.
(2.) A person shall not hire, borrow, or use for the purpose
of the conveyance of electors to or from the poll any carriage,
horse, or other animal which he knows the owner thereof is
prohibited by this section to let, lend, or emplo}^ for that
purpose, and if he does so he shall be guilty of an illegal
hiring.
(3.) Nothing in this Act shall prevent a carriage, horse, or
other animal being let to or hired, employed, or used by an
elector, or several electors at their joint cost, for the purpose of
being conveyed to or from the poll.
(4.) No person shall be liable to pay any duty or to take out
a license for any carriage by reason only of such carriage being
used without payment or promise of payment for the conveyance
of electors to or from the poll at an election.
15. Any person who corruptly induces or procures any otlier Corupt -with-
person to withdraw from being a candidate at an election, in drawal from
consideration of any payment or promise of payment, shall be s '-■"i»"'dature.
guilty of illegal payment, and any person withdrawing, in pur-
suance of such indiicement or procurement, shall also bo guilty
(of illeg-al payment.
30
A.D. 1883.
Cei'tain ex-
penditure to
be illegal
payment.
Certain em-
ployment to
be illeo-al.
Name and
address of
printer on
placards.
Saving for
creditors.
Use of com-
mittee room
in house for
16. (1.) No payment or contract for payment shall, for the
purpose of promoting or procuring the election of a candidate
at any election, be made on account of bands of music, torches,
flags, banners, cockades, ribbons, or other marks of distinction.
(2.) Subject to such excei^tion as may be allowed in pursu-
ance of this Act, if any payment or contract for pa)'ment is
made in contravention of this section, either before, during, or
after an election, the person making such payment shall be
guilty of illegal payment, and any person being a party to any
such contract or receiving such payment shall also be guilty of
illegal payment if he knew that the same was made contrary to
law.
17- (1.) No person shall, for the purpose of promoting or
procuring the election of a candidate at any election, be engaged
or employed for payment or promise of payment for any purpose
or in any capacity whatever, except for any purposes or
capacities mentioned in the first or second parts of the First
Schedule to this Act, or except so far as payment is authorised
by the first or second parts of the First Schedule to this Act.
(2.) Subject to such exception as may be allowed in pursu-
ance of this Act, if any person is engaged or employed in
contravention of this section, either before, during, or after an
election, the person engaging or employing him shall be guilty
of illegal employment, and the person so engaged or employed
shall also be guilty of illegal employment if he knew that he
was engaged or employed contrary to law.
18. Every bill, placard, or poster having reference to an
election shall bear upon the face thereof the name and address
of the printer and publisher thereof ; and any person printing,
publishing, or posting, or causing to be printed, published, or
posted, any such bill, placard, or poster as aforesaid, which
fails to bear upon the face thereof the name and address of the
printer and publisher, shall, if he is the candidate, or the
election agent of the candidate, be guilty of an illegal practice,
and if he is not the candidate, or the election agent of a
candidate, shall be liable on summary conviction to a fine not
exceeding one hundred pounds.
19. The provisions of this Act prohibiting certain payments
and contracts for payments, and the payment of an}' sum, and
the incurring of any expense in excess of a certain maximum,
shall not affect the right of any creditor, who, when the con-
tract was made or the expense was incurred, was ignorant of
the same being in contravention of this Act.
20. («.) Any premises on which the sale bj' wholesale or
retail of any intoxicating liquor is authorised by a licence
(wliether the licence be for consumption on or oft' the premises),
or
31
A.D. 1883.
sale of intoxi-
cating liquor
or refresh-
ment, or in
elementary
school, to be
illegal hiring.
(b.) Any premises wliere any intoxicating liquor is sold, or
is supplied to members of a club, society, or association other
than a permanent political club, or
(<?.) Any premises whereon refreshment of any kind, whether
food or di-ink, is ordinarily sold for consumption on the premises,
or
(d.) The premises of any public elementary school in receipt
of an annual parliamentary grant, or any part of any such
premises, shall not be used as a committee room for the purpose
of promoting or procuring the election of a candidate at an
election, and if any person hires or uses any such premises or
any part thereof for a committee room he shall be guilty of
illegal hiring, and the person letting such premises or part, if
he knew it was intended to use the same as a committee room,
shall also be guilty of illegal hiring :
Provided that nothing in this section shall apply to any part
of such premises which is ordinarily let for the purpose of
chambers or offices or the holding of public meetings or of
arbitrations, if such part has a separate entrance and no direct
communication with any part of the premises on which any
intoxicating liquor or refreshment is sold or supplied as
aforesaid.
21. (1.) A person guilty of an offence of illegal payment. Punishment
emplojToient or hiring shall, on summary conviction, be liable to of illegal
a fine not exceeding one hundred pounds. -nmrmPTif
(2.) A candidate or an election agent of a candidate who is
personally guilty of an offence of illegal payment, employment,
or hiring shall be guilty of an illegal practice.
Excuse and Exception for Corrupt or Illegal Practice or Illegal
Payment, Employment, or Hiring.
22. Where, upon the trial of an election petition respecting
an election for a county or borough, the election court report
that a candidate at such election has been guilty by his agents
of the offence of treating and undue influence, and illegal
practice, or of any of such offences, in reference to such election,
and the election court further report that the candidate has
proved to the court —
(a.) That no corrupt or illegal practice was committed at
such election by the candidate or his election agent
and the offences mentioned in the said report were
committed conti-ary to the orders and without the
sanction or connivance of such candidate or his election
agent ; and
{h.) That such candidate and his election agent took all
reasonable means for preventing the commission of
corrupt and illegal practices at such election ; and
[c.) That the offences mentioned in the said report were of a
trivial, unimportant, and limited character ; and
payment,
employment,
or hiring.
Report
exonerating
candidate in
certain cases
of corrupt
and illegal
practice by
agents.
A.D. 1883. (d.) Tliat in all otlier respects the election was free from any
corrupt or illegal practice on the part of such candidate
and of his agents ;
then the election of such candidate shall not, by reason of the
offences mentioned in such report, be void, nor shall the
candidate be subject to any incapacity under this Act.
Power of
Higrli Court
and eloctiou
court to ex-
cept innocent
act from
being illegal
jiractice, &c.
23. Where, on application made, it is shown to the High
Court or to an election court by such evidence as seems to the
Court sufficient —
(a.) that any act or omission of a candidate at any election,
or of his election agent or of any other agent or person,
would, by reason of being a payment, engagement,
employment, or contract in contravention of this Act,
or being the payment of a sum or the incurring of
expense in excess of any maximum amount allowed by
this Act, or of otherwise being in contravention of any
of the provisions of this Act, be but for this section
an illegal practice, payment, employment, or hiring ;
and
(h.) that such act or omission arose from inadvertence or
from accidental miscalculation or from some other
reasonable cause of a like nature, and in any case did
not arise from any want of good faith ; and
(c.) that such notice of the application has been given in the
county or borough for which the election was held as
to the court seems fit ;
and under the circumstances it seems to the Court to be just that
the candidate and the said election and other agent and person,
or any of them, should not be subject to any of the consequences
under this Act of the said act or omission, the Court may make
an order allowing such act or omission to be an exception from
the provisions of this Act which would otherwise make the same
an illegal practice, 2)ayment, emj)loyment, or hiring, and there-
upon such candidate, agent, or person shall not be subject to
any of the consequences under this Act of the said act or
omission.
Election Expenses.
Nomination 24. (1.) On or before the day of nomination at an election,
of election a person shall be named by or on behalf of each candidate
agent. j^g ij^ig agent for such election (in this Act referred to as tlie
election agent).
(2.) A candidate may name himself as election agent, and
thereupon shall, so far as circumstances admit, be sxibject to the
provisions of this Act both as a candidate and as an election
agent, and any reference in this Act to an election agent shall
be construed to refer to the candidate acting in his capacity of
election ajrent.
u
(3.) On or before the day of noiuiuatioii tJip iinm<> and A.D. l,ss;i.
address of tlie election ag-ont of eacli candidate .shall bo declared
in writing- by the candidate or some other person on liis liehalf
to the retnruiiig officer, and the returning officer sliall f'ortlnvith
give public notice of the name and address of every election
agent so declared.
(4.) One election agent only shall be appointed for each
candidate, but the appointment, whether the election a^'ent
appointed be the candidate himself or not, may be revoked, and
in the event of such revocation or his death, whether such event
is before, during, or after the election, then forthwith another
election agent shall be appointed, and his name and address
declared in writing to the returning officer, wlio shall forthwith
give public notice of the same.
election agent
as sub -agent.
25. (1.) In the case of the elections specified in that behalf Nomination
in the First Schedule to this Act an election agent of a candidate of deputy
may appoint the number of dejiuties therein mentioned (which
deputies are in this Act referred to as sub-agents), to act within
different polling districts.
(2.) As regards matters in a polling district the election
agent may act by the sub-agent for that district, and anything
done for the purposes of this Act by or to the sub-agent in his
district shall be deemed to be done by or to the election agent,
and any act or default of a sub-agent which, if he were the
election agent, would be an illegal practice or other offence
against this Act, shall be an illegal practice and offence against
this Act committed by the sub-agent, and the sub-agent shall
be liable to punishment accordingly ; and the candidate shall
suffer the like incapacity as if the said act or default had been
the act or default of the election agent.
(3.) One clear day before the polling the election agent shall
declare in writing the name and address of every sub-agent to
the returning officer, and the returning officer shall forthwith
giA'e public notice of the name and address of every sub-agent
so declared.
(4.) The appointment of a sub-agent shall not be vacated by
the election agent who appointed him ceasing to be election agent,
but may be revoked by the election agent for the time being of
the candidate, and in the event of such revocation or of the
death of a sub-agent, another sub-agent may be appointed, and
his name and address shall be forthwith declared in writing to
the returning officer, who shall forthwith give public notice of
the same.
26. (1.) An election agent at an election for a county or
borough shall have within the county or borough, or within any
county of a city or town adjoining thereto, and a sub-agent
shall have within his district, or within any county of a city or
town arljoining thereto, an ofHce or place to which all claims,
C
Office of elcc
tion agrnt
and sub-
agent.
34
A.D. 1883.
Making of
contracts
thi'ough elec-
tion agent.
Payment of
expenses
through elec-
tion agent.
notices, writs, summons, and documents may be sent, and the
address of such office or place shall be declared at the same
time as the appointment of the said agent to the returning
officer, and shall be stated in the public notice of the name of
the agent.
(2.) Any claim, notice, writ, summons, or document delivered
at such office or place and addressed to the election agent or sxib-
agent, as the case may be, shall be deemed to have been served
on him, and every such agent may in respect of any matter con-
nected with the election in which he is acting be sued in any
court having jurisdiction in the county or borough in which the
said office or place is situate.
S7- (1.) The election agent of a candidate by himself or by
his sub-agent shall appoint every polling agent, clerk, and
messenger employed for payment (m behalf of the candidate at
an election, and hire every committee room hired on behalf of
the candidate.
(2.) A contract whereby any expenses are incurred on account
of or in respect of the conduct or management of an election
shall not be enforceable against a candidate at such election
unless made hj the candidate himself or by his election agent,
either by himself or by his sub-agent ; provided that the in-
ability under this section to enforce such contract against the can-
didate shall not relieve the candidate from the consequences of
any corrupt or illegal practice having been committed by his
agent.
28- (1.) Except as permitted by or in jmrsuance of this Act,
no payment and no advance or deposit shall be made by a
candidate at an election or by any agent on behalf of the candi-
date or by any other person at any time, whether before, during,
or after such election, in respect of any expenses incurred on
account of or in respect of the condxict or management of such
election, otherwise than by or through the election agent of the
candidate, whether acting in person or by a sub-agent ; and all
money provided by any person other than the candidate for any
expenses incurred on account of or in respect of the conduct or
management of the election, whether as gift, loan, advance, or
deposit, shall be paid to the candidate or his election agent and
not otherwise ;
Provided that this section shall not be deemed to apply to a
tender of security to or any payment by the returning officer or
to any sum disbursed by any person out of his own money for
any small expense legally incurred by himself, if such sum
is not rejiaid to him.
(2.) A person who makes any payment, advance, or deposit
in contravention of this section, or pays in contravention of this
section any money so provided as aforesaid, shall be guilty of
an illegal practice.
:35
29. (I.) Eveiy payment made by an election agent, wlietlier a.D. 188.*5.
by himself or a sub-agent, iu respect of any expenses incairred
on account of or in respect of the conduct or management of an Period for
election, shall, except where less than 40s. be vouched for by a j^l."',"j!f^^'|
bill stating the particulars and by a receipt. inakint^ pay-
(2.) Every claim against a candidate at an election or his meuts W
election agent in respect of any expenses incurred on account of election ex-
or in respect of the conduct or management of such election pense.s.
which is not sent in to the election agent within the time limited
b}"^ this Act shall be barred and shall not be paid ; and, subject
to such exception as may be aUowed in pursuance of this Act,
an election agent who pays a claim in contravention of tliis
enactment shall be guilty of an illegal practice.
(3.) Except as by this Act permitted, the time limited by this
Act for sending in claims shall be fourteen days after the day on
which the candidates returned are declared elected.
(4.) All expenses incurred by or on behalf of a candidate at
an election, which are incurred on account of or in respect of the
conduct or management of such election shall be paid within
the time limited by this Act and not otherwise ; and, subject to
such exception as may be allowed in pursuance of this Act, an
election agent who makes a pa3'ment in contravention of this
provision shall be guilty of an illegal practice.
(5.) Except as by this Act permitted, the time limited by this
Act for the pajmient of such expenses as aforesaid shall be
twenty-eight days after the day on which the candidates
returned are declared elected.
(6.) Where the election court reports that it has been proved
to such court by a candidate that any payment made by an
election agent in contravention of this section was made without
the sanction or connivance of such candidate, the election of
such candidate shall not be void, nor vshall he be subject to any
incapacity under this Act by reason only of such paj'mont
having been made in contravention of this section.
(7.) If the election agent in the case of any claim sent in to
him within the time limited by this Act disputes it, or refuses or
fails to pay it within the said })eriod of twenty-eight days, such
claim chall be deemed to bo a disputed claim.
(8.) The claimant may, if he thinks fit, bring an action for a
disputed claim in any competent court ; and an}' sum paid by
the candidate or his agent in pursuance of the judgment or
order of such court shall be deemed to be paid within the time
limited by this Act, and to be an exception from the provisions
of this Act, requiring claims to be paid by the election agent.
(9.) On cause shown to the satisfaction of the High Court,
such court on application by the claimant or by tlie candidate or
his election agent may by order give leave for the pa^'ment by
a candidate or his election agent of a disputed claim, or of a
claim for any such expenses as aforesaid, although sent in after
the time in this section mentioned for sending in claims, or
^6
A.D. 1883. altliough the same was sent in to the candidate and not to the
election agent.
(10.) Any Slim specified in the order of leave may bo paid by
the candidate or his election agent, and when paid in pursuance
of s\ich leave shall be deemed to be paid within the time limited
by this Act.
Reference to
taxation of
claim ag-ainst
oandidat^'H.
30. If any action is brought in any competent court to
recover a disputed claim against a candidate at an election, or
his election agent, in respect of any expenses incurred on account
or in respect of the conduct or management of such election,
and the defendant admits his liability, but disputes the amount
of the claim, the said amount shall, unless the court, on the
application of the plaintiff in the action, otherwise directs, be
forthwith referred for taxation to the master, official referee,
registrar, or other proper officer of the court, and the amount
found due on such taxation shall be the amount to be recovered
in such action in respect of such claim.
Personal ex-
penses of can
didate and
petty ex
penses.
31. (1.) The candidate at an election may pay any personal
expenses incurred by him on account of or in connection with or
incidental to such election to an amount not exceeding one
hundred pounds, but any further personal expenses so incurred
by him shall be paid by his election agent.
(2.) The candidate shall send to the election agent within
the time limited by this Act for sending in claims a written
statement of the amount of personal expenses paid as aforesaid
by such candidate.
(3.) Any person may, if so authorised in writing by the
election agent of the candidate, pay any necessary expenses for
stationery, postage, telegrams, and other petty expenses, to a
total amount not exceeding that named in the authority, but
any excess above the total amount so named shall be paid by
the election agent.
(4.) A statement of the particulars of payments made by any
person so authorised shall be sent to the election agent within
the time limited by this Act for the sending in of claims, and shall
be vouched for by a bill containing the receipt of that person.
Romuncra-
tion of elec-
tion agent
and retuniin"
officer's ex-
penses.
38 & 39 Yict.
c. 84.
32. (1.) So far as circumstances admit, this Act shall apply
to a claim for his remuneration by an election agent and to
the payment thereof in like manner as if he were any other
creditor, and if any difFeience arises respecting the amount of
such claim the claim shall be a disputed claim within the mean-
ing of this Act, and be dealt with accordingly.
(2.) The account of the charges claimed by the returning
officer in the case of a candidate and transmitted in pursuance
of section four of the Parliamentary Elections (Returning
Officers) Act, 1875, shall be transmitted within the time specified
37
in the said section to the election agent of the candidate, and A.D. 1883,
need not bo transmitted to the candidate.
33. (1.) Within thirty-five days after the day on which the Return and
candidates returned at an election are declared elected, the tleclaration
election agent of every candidate at that election shall transmit eieytiyj]" x-
to the returning officer a true return (in this Act referred to as a penaes.
return respecting election expenses), in the form set forth in the
Second Schedule to this Act or to the like effect, containing, as
respects that candidate, —
(a.) A statement of all payments made by the election agent,
together with all the bills and receipts (which bills and
receipts are in this Act included in the expression
" return respecting election expenses " ) ;
(J.) A statement of the amount of personal expenses, if any,
paid by the candidate ;
(c.) A statement of the sums paid to the returning officer for
his charges, or, if the amount is in dispute, of the sum
claimed and the amount disputed ;
(</.) A statement of all other disputed claims of which the
election agent is aware ;
(c.) A statement of all the unpaid claims, if any, of which
the election agent is aware, in respect of which
application has been or is about to be made to the
High Court ;
(/.) A statement of all money, seciu'ities, and equivalent of
money received by the election agent from the
candidate or any other person for the purpose of
expenses incurred or to be incurred on account of or in
respect of the conduct or management of the election,
with a statement of the name of every person from
whom the same may have been received.
(2.) The return so transmitted to the returning officer shall
be accompanied by a declaration made by the election agent
before a justice of the peace in the form in the Second Schedule
to this Act (which declaration is in this Act referred to as a
declaration respecting election expenses).
(3.) Where the candidate has named himself as his election
agent, a statement of all money, securities, and equivalent of
money paid by the candidate shall be substituted in the return
required by this section to be transmitted by the election agent
for the like statement of money, securities, and equivalent of
money received by the election agent from the candidate ; and
the declaration by an election agent resj)ecting election expenses
need not be made, and the declaration by the candidate respect-
ing election expenses shall be modified as specified in the Second
Schedule to this Act.
(4.) At the same time that the agent transmits the said
return, or within seven days afterwards, the candidate shall
transmit or cause to be transmitted to the returning officer a
413689
38
A.D. ia83. declaration made Ly him before a justice of the peace, in the
form in the first part of the Second Schedule to this Act (which
declaration is in this Act referred to as a declaration respecting
election expenses).
(5.) If in the case of an election for any county or borough,
the said return and declarations are not transmitted before the
expiration of the time limited for the purpose, the candidate
shall not, after the expiration of such time, sit or vote in the
House of Commons as member for that county or borough until
either such return and declarations have been transmitted, or
until the date of the allowance of such an authorised excuse for
the failure to transmit the same, as in this Act mentioned, and
if he sits or votes in contravention of this enactment he shall
forfeit one hundred pounds for every day on which he so sits or
votes to any person who sues for the same.
(6.) If without such authorised excuse as in this Act
mentioned, a candidate or an election agent fails to comply with
the requirements of this section he shall be gnilty of an illegal
practice.
(7.) If any candidate or election agent knowingly makes the
declaration required by this section falsely, he shall be guilty of
an offence, and on conviction thereof on indictment shall be
liable to the punishment for wilful and corrupt perjury ; such
offence shall also be deemed to be a corrupt practice within the
meaning of this Act.
(8.) Where the candidate is out of the United Kingdom at
the time when the return is so transmitted to the retiirning
officer, the declaration required by this section may be made by
him within fourteen days after his return to the United Kingdom,
and in that case shall be foi'thwith transmitted to the returning
officer, but the delay hereby authorised in making such decla-
ration shall not exonerate the election agent from complying
with the provisions of this Act as to the return and declaration
respecting election expenses.
(9.) Where, after the date at which the return respecting
election expenses is transmitted, leave is given by the High
Court for any claims to be paid, the candidate or his election
agent shall, within seven days after the payment thereof, trans-
mit to the returning officer a retiirn of the sums paid in jiursu-
ance of such leave accompanied by a copy of the order of the
court giving the leave, and in default he shall be deemed to
have failed to comply with the requirements of this sestion
without such authorised excuse as in this Act mentioned.
Authorised
exouso for
non-com-
plianc« with
provisions as
to return and
84. (1.) Where the return and declarations respecting elec-
tion expenses of a candidate at an election for a county or borough
have not been transmitted as required by this Act, or being
transmitted contain some error or false statement, then —
{(I.) if the candidate applies to the High Court or an election
court and shows that the failure to transmit such return
39
pcnbcs.
and declarations, or any of them, or any part thereof, A.D. 1883.
or any error or falso statement therein, has arisen by — 7
reason of his illness, or of the absence, death, illness, tieclaration
or misconduct of his election agent or snb-agent, or of ciection"cjt-
any clerk or officer of such agent, or by reason of in-
advertence or of any reasonable cause of a like nature,
and not by reason of any want of good faith on the
part of the applicant, or
(i.) if the election agent of the candidate applies to the High
Court or an election court and shows that the failure to
transmit the return and declarations which he was
required to transmit, or any part thereof, or any error
or false statement therein, arose by reason of his
illness or of the death or illness of any prior election
agent of the candidate, or of the absence, death, illness,
or misconduct of any sub-agent, clerk, or officer of an
election agent of the candidate, or by reason of inad-
vertence or of any reasonable cause of a like nature,
and not by reason of any want of good faith on the
part of the applicant,
the court may, after such notice of the application in the said
county or borough, and on production of such evidence of the
grounds stated in the application, and of the good faith of the
application and otherwise, as to the court seems fit, make such
order for allowing an authorised excuse for the failure to trans-
mit such return and declaration, or for an error or false state-
ment in such return and declaration, as to the court seems just.
(2.) Where it appears to the court that any person being or
having been election agent or sub-agent has refused or failed to
make such return or to supply such particulars as will enable the
candidate and his election agent respectively to comply with the
provisions of this Act as to the return and declaration respecting
election expenses, the court before making an order allowing
the excuse as in this section mentioned shall order such person
to attend before the court, and on his attendance shall, unless
he shows cause to the contrary, order him to make the return
and declaration, or to deliver a statement of the particulars
required to be contained in the return, as to the court seem just,
and to made or deliver the same within such time and to such
person and in such manner as the court may direct, or may
order him to be examined with respect to such particulars, and
may in default of compliance with any such order, order him to
pay a fine not exceeding five hundred pounds.
(3.) The order may make the allowance conditional ujjon the
making of the return and deelaration in a modified form or
within an extended time, and upon the compliance with such
other terms as to the court seem best calculated for carrying
into effect the objects of this Act ; and an order allowing an
authorised excuse shall relieve the applicant for the order from
any liability or consequences under this Act in respect of the
40
A.D. 1883. matter excused by the order ; and where it is proved by the
candidate to tlie court that any act or omission of the election
agent in relation to tlie return and declaration respecting election
expenses was without the sanction or connivance of the candi-
date, and that the candidate took all reasonable means for pre-
venting such act or omision, the court shall relieve the candidate
from the consequences of such act or omission on the part of his
election agent.
(4.) The date of the order, or if conditions and terms are to
be complied with, the date at which the applicant fully complies
with them, is referred to in this Act as the date of the allow-
ance of the excuse.
Publication of
suminaiy of
return of elec-
tion expenses.
:i8 & 39 Vict.
«. 84.
Prohibition of
persons guilty
of corrupt or
illegal prac-
tices, &c.
from voting.
Prohibition of
disqualified
persons from
voting.
36 & 36 Vict.
c. 60.
45 & 46 Vict.
c. iM).
35. (1.) The returning officer at an election within ten days
after he receives from the election agent of a candidate a return
respecting election expenses shall publish a summary of the
retiirn in not less than two newspapers circulating in the county
or borough for which the election was held, accompanied by a
notice of the time and place at which the return and declarations
(including the accompanying documents) can be inspected, and
may charge the candidate in respect of such publication, and
the amount of such charge shall be the sum allowed by the
Parliamentary Election (Returning Officers) Act, 1875.
(2.) The return and declarati(ms (including the accompany-
ing documents) sent to the returning officer by an election agent
shall be kept at the office of the returning officer, or some
convenient place appointed by him, and shall at all reasonable
times during two years next after they are received by the
returning officer be open to inspection by any person on pay-
ment of a fee of one sliilling, and the returning officer shall on
demand furnish copies thereof or any part thereof at the price of
twopence for every seventy-two words. After the expiration of
the said two years the returning officer may cause the said return
and declarations (including the accompanying documents) to be
destroyed, or, if the candidate or his election agent so require,
shall return the same to the candidate.
Disqualification of Electors.
36- Every person guilty of a corrupt or illegal practice or
of illegal employment, payment, or hiring at an election is
prohibited from voting at such election, and if any such person
votes his vote shall be void.
37- Every person who, in consequence of conviction or of
the report of axiy election court or election commissioners under
this Act, or under the Corrupt Practices (Municipal Elections)
Act, 1872, or under Part IV. of the Municipal Corporations Act,
1882, or under any other Act for the time being infox'ce relating
to corrupt practices at an election for any public office, has
be<:ome incapable of voting at Muy election, whether a parlia-
41
mentary election or an election to any public office, is proliibited A.D- 1883.
from voting at any such election, and his vote shall be void. •
38. (1.) Before a person, not being a party to an election Hearing of
petition nor a candidate on behalf of whom the seat is claimed p'^f*"" before
by an election petition, is reported by an election court, and jl-uiUv^of'wjr-
before any person is reported by election commissioners, to have i-xipt or illegal
been guilty, at an election, of any corrupt or illegal practice, practice, and
the court or commissioners, as the case may be, shall cause iu^^iipacity of
notice to be given to such person, and if he appears in pursuance P^^^"" ^'^'u ■
of the notice, shall give him an opportunity of being heard by
himself and of calling evidence in his defence to show why he
should not be so reported.
(2.) Every person reported by election commissioners to have
been guilty at an election of any corrupt or illegal practice may
appeal against such report to the next court of oyer and terminer
or gaol delivery held in and for the county or place in which the
offence is alleged to have been committed, and such court may
hear and determine the apjjeal ; and subject to rules of court
huch appeal may be brought, heard, and determined in like
manner as if the court were a court of quarter sessions and the
said commissioners were a court of summary jurisdiction, and
the person so reported had been convicted by a court of summary
jurisdiction for an offence under this Act, and notice of every
such appeal shall be given to the Director of Public Prosecutions
in the manner and within the time directed by rules of court,
and subject to such rules then within three days after the appeal
is brought.
(3.) Where it appears to the Lord Chancellor that appeals
under this section are interfering or are likely to interfere with
the ordinary business transacted before any courts of oyer and
terminer or gaol delivery, he may direct that the said appeals,
or any of them, shall be heard by the judges for the time being
on the rota for election petitions, and in such case one of such
judges shall proceed to the county or place in which the offences
are alleged to have been committed, and shall there hear and
determine the appeals in like manner as if such judge were a
court of oyer and terminer.
(4.) The provisions of the Parliamentary Elections Act, 1868,
with respect to the reception and powers of and attendance on
an election court, and to the expenses of an election court, and
of receiving and accommodating an election court, shall apply as
if such judge were an election court.
(5.) Every person who after the commencement of this Act
is reported by any election court or election commissioners to
have been guilty of any corrupt or illegal practice at an election,
shall, whether he obtained a certificate of indemnity or not, be
subject to the same incapacity as he would be subject to if he
had at the date of such election been convicted of the offence of
which he is reported to have been guilty : Provided that a
42
A.D. 1883. report of any election commissioners inquiring into an election
for a county or borough shall not avoid the election of any
candidate who has been declared by an election court on the
trial of a petition respecting such election to have been duly
elected at such election or render him incapable of sitting in the
House of Commons for the said county or borough during the
Parliament for which he was elected.
(6.) Where a person who is a justice of the peace is reported
by any election court or election commissioners to have been
guilty of any corrupt practice iu reference to an election, whether
he has obtained a certificate of indemnity or not, it shall be the
duty of the Director of Public Prosecutions to report the case to
the Lord High Chancellor of Great Britain Avith such evidence
as may have been given of such corrupt practice, and where any
such person acts as a justice of the peace by virtue of his being,
or having been, mayor of a borough, the Lord High Chancellor
shall have the same power to remove such person from being a
justice of the peace as if he was named in a commission of the
peace.
(7.) Where a person who is a barrister or a solicitor, or who
belongs to any profession the admission to which is regulated by
law, is rejjorted by any election court or election commissioners
to have been guilty of any corrupt practice in reference to an
election, whether such person has obtained a certificate of
indemnity or not, it shall be the duty of the Director of Public
Prosecutions to bring the matter before the Inn of Court, High
Court, or tribunal having power to take cognizance of any mis-
conduct of such person in his profession, and such Inn of Court,
High Court, or tribunal may deal with such person in like
manner as if such corrupt practice were misconduct by such
person in his profession.
(8.) With respect to a person holding a license or certificate
under the Licensing Acts (in this section referred to as a licensed
person) the following provisions shall have effect :
. (a.) If it appears to the court by which any licensed person
is convicted of the offence of bribery or treating that
such offence was committed on his licensed premises,
the court shall direct such conviction to be entered in
the proi)er register of licenses.
{b.) If it appears to an election court or election commissioners
that a licensed person has knowingly suffered any
bribery or treating in reference to any election to take
place upon his licensed premises, such court or com-
missioners (subject to the provisions of this Act as to
a person having an opportunity of being heard by
himself and producing evidence before being reported)
shall report the same ; and whether such person
obtained a certificate of indemnity or not it shall be the
duty of the Director of Public Prosecutions to bring
such report before the licensing justices from whom or
43
on whose certificate the licensed person obtained his x.D. 1883.
license, and such licensing justices shall cause such
report to be entered in the proper register of licenses.
(c.) Where an entry is made in the register of licenses of
any such conviction of or report respecting any licensed
Ijerson as above in this section mentioned, it shall be
taken into consideration by the licensing justices in
determining whether they will or will not grant to such
person the renewal of his license or certificate, and may
be a ground, if the justices think fit, for refusing such
renewal.
(9.) Where the evidence showing any corrupt practice to
have been committed by a justice of the peace, barrister, solicitor,
or other professional person, or any licensed person, was given
before election commissioners, those commissioners shall report
the case to the Director of Public Prosecutions, with such
information as is necessary or pi'oper for enabling him to act
under this section.
(10.) This section shall apjdy to an election court under this
Act, or under Part IV. of the Municipal Corporations Act, 1882,
and the expression election shall be construed accordingly.
89. (1.) The registration officer in every county and borough List in regis-
shall annually make out a list containing the names and tcr of voters of
description of all persons who, though otherwise qualified to persons inca-
vote at a parliamentary election for such county or borouR-h P'''^.^"ited for
respectively, are not capable of voting by reason of having after j.^,-,^ q^. iiiea-al
the commencement of this Act been found guilty of a corrupt or practices.
illegal practice on conviction or by the report of any election
court or election commissioners whether under this Act, or under 45 & 46 Vict.
Part IV. of the Municipal Corporations Act, 1882, or under any c. 50.
other Act for the time being in force relating to a parliamentary
election or an election to any public office ; and such officer shall
state in the list (in this Act referred to as the corrupt and
illegal practices list), the offence of which each person has been
foimd guilty.
(2.) For the purpose of making out such list he shall examine
the rejDort of any election court or election commissioners who
have respectively tried an election petition or inquired into an
election where the election (whether a parliamentary election or
an election to any public office) was held in any of the following
places ; that is to say,
{a.) if he is the registration officer of a county, in that
county, or in any borough in that county ; and
{b.) if he is the registration officer of a borough, in the
county in which such boro^^gh is situate, or in any
borough in that county.
(3.) The registration officer shall send the list to the
overseers of every parish within his county or borough, together
with his precept, and the overseers shall publish the list
44
A.D. 1893.
Time for pre-
sentation of
election peti-
tions alleging
illegal prac-
tice.
31 & 32 Vict.
c. 125.
together with tlie list of voters, and shall also, in the case of
every person in the corrupt and illegal practices list, omit his
name from the list of persons entitled to vote, or, as circum-
stances require, add 'objected' before his name in the list of
claimants or copy of the register published by them, in like
manner as is required by law in any other cases of disqualification.
(4.) Any j)erson named in the corrupt and illegal practices
list may claim to have his name omitted therefrom, and any
person entitled to object to any list of voters for the county or
borough may object to the omission of the name of any person
from such list. Such claims and objections shall be sent in
within the same time and be dealt with in like manner, and any
such objection shall be served on the jjerson referred to therein
in like manner, as nearly as circumstances admit, as other claims
and objections under the enactments relating to the registration
of parliamentary electors.
(5.) The revising barrister shall determine such claims and
objections and shall revise such list in like manner as nearly as
circumstances admit as in the case of other claims and objections,
and of any list of voters.
(6.) Where it appears to the revising barrister that a person
not named in the corrupt and illegal practices list is subject to
have his name inserted in such list, he shall (whether an
objection to the omission of such name from the list has or has
not been made, but) after giving such person an opportunity of
making a statement to show cause to the contrary, insert his
name in such list and expunge his name from any list of voters.
(7.) A revising Ijarrister in acting under this section shall
determine only whether a person is incapacitated by conviction
or by the report of any election court or election commissioners,
and shall not determine whether a person has or not been guilty
of any corrupt or illegal practice.
(8.) The corrupt and illegal practices list shall be appended
to the register of electors, and shall be printed and published
therewith wherever the same is printed or published.
Proceedings on Election Petition.
40. (1.) Where an election petition questions the return or
the election upon an allegation of an illegal practice, then not-
withstanding anything in the Parliamentary Elections Act, 1868,
such petition, so far as respects such illegal practice, may be
presented within the time following ; (that is to say)
[a.) At any time before the expiration of fourteen days after
the day on which the retiu'ning officer receives the
return and declarations resjijecting election expenses by
the member to whose election the petition relates and
his election agent.
{h.) If the election petition sjjecifically alleges a payment of
money, or some other act to have been made or done
since the said day by the member or an agent of the
member, or with the privity of tlie member or liis A.D. 1RR3.
election agent in pursuance or iu furtherance of the
illegal practice alleged in the petition, the petition may
be presented at any time within twenty-eight days
after the date of such payment or other a(.'t.
(2.) Any election petition presented within the time limited
by the Parliamentary Elections Act, 1868, may for the purpose 31 & 32 Vict,
of questioning the return or the election upon an allegation of c. 125.
an illegal practice be amended with the leave of the High Court
within the time within which a petition questioning the return
upon the allegation of that illegal practice can under this section
be presented.
(3.) This section shall apply in the case of an offence re-
lating to the return and declarations respecting election expenses
in like manner as if it were an illegal practice, and also shall
apply notwithstanding that the act constituting the alleged
illegal practice amounted to a corrupt practice.
(4.) For the purposes of this section —
(a.) where the return and declarations are received on differ-
ent days, the day on which the last of them is received,
and
(b.) where there is an authorised excuse for failing to make
and transmit the return and declarations respecting
election expenses, the date of the allowance of the
excuse, or if there was a failure as regards two or more
of them, and the excuse was allowed at different times,
the date of the allowance of the last excuse,
shall be substituted for the day on which the return and declara-
tions are received by the returning officer.
(5.) For the purposes of this section, time shall be reckoned
in like manner as it is reckoned for the purposes of the Parlia-
mentar}^ Elections Act, 1868.
41. (1.) Before leave for the withdrawal of an election "Withdra-wal
petition is granted, there shall be produced affidavits by all the of election
parties to the petition and their solicitors, and by the election petition,
agents of all of the said parties who were candidates at the
election, biit the High Court may on cause shown dispense with
the affidavit of any particular person if it seems to the court on
special grounds to be just so to do.
(2.) Each affidavit shall state that, to the best of the depo-
nent's knowledge and belief no agreement or tei'ms of any kind
whatsoever has or have been made, and no undertaking has been
entered into, in relation to the withdrawal of the jietition ; but
if any lawful agreement has been made with respect to the
withdrawal of the petition, the affidavit shall set forth that
agreement, and shall make the foregoing statement subject to
what appears from the affidavit.
(3.) The affidavits of the applicant and his solicitor shall
further state the ground on which the petition is sought to be
withdrawn.
46
A.D. 1883.
31 & 32 Vict.
c. 125.
(4.) If any person makes any agreement or terms, or enters
into any undertaking, in relation to the withdrawal of an election
petition, and such agreement, terms, or undei-taking is or are
for the withdrawal of the election petition in consideration of
any payment, or in consideration that the seat shall at any time
be vacated, or in consideration of the withdrawal of any other
election petition, or is or are (whether lawful or unlawful) not
mentioned in the aforesaid affidavits, he shall be guilty of a
misdemeanor, and shall be liable on conviction on indictment to
imprisonment for a term not exceeding twelve months, and to a
fine not exceeding two hundred pounds.
(5.) Copies of the said affidavits shall be delivered to the
Director of Public Prosecutions a reasonable time before the
application for the withdrawal is heard, and the court may hear
the Director of Public Prosecutions or his assistant or other
representative (appointed with the approval of the Attorney-
General), in opposition to the allowance of the Avithdrawal of
the petition, and shall have power to receive the evidence on oath
of any person or persons whose evidence the Director of Public
Prosecutions or his assistant, or other representative, may
consider material.
(6.) Where in the opinion of the court the proposed with-
drawal of a petition was the result of any agreement, terms, or
undertaking prohibited by this section, the court shall have
the same power with respect to the security as under section
thirty-five of the Parliamentary Elections Act, 1868, where the
withdrawal is induced by a corrupt consideration.
(7.) In every case of the withdrawal of an election petition
the court shall report to the Speaker whether, in the opinion of
such court, the withdrawal of such petition was the residt of any
agreement, terms, or undertaking, or was in consideration of
any payment, or in consideration that the seat should at any
time be vacated, or in consideration of the withdrawal of any
other election petition, or for any other consideration, and if so,
shall state the circumstances attending the withdrawal.
(8.) Where more than one solicitor is concerned for the
petitioner or respondent, whether as agent for another solicitor
or otherwise, the affidavit shall be made by all such solicitors.
(9.) Where a person not a solicitor is lawfully acting as agent
in the case of an election petition, that agent shall be deemed to
be a solicitor for the purpose of making an affidavit in piu-suance
of this section.
Continuation
of trial of
election
petition.
42. The trial of every election petition so far as is practicable,
consistently with the interests of justice in respect of such trial,
shall be continued de die in diem on every lawful day until its
conclusion, and in case the rota of judges for the j^ear shall
expire before the conclusion of the trial, or of all the proceedings
in relation or incidental to the petition, the authority of the said
judges shall continue for the purpose of the said trial and
proceedings.
47
43. (1.) On every trial of an election petition the Director
of Public Prosecutions shall by himself or by his assistant, or by
such rejiresentative as herein-after mentioned, attend at tlie trial,
and it shall be the duty of such Director to obey any directions
given to him by the election court with respect to the summon-
ing and examination of any witness to give evidence on such
trial, and with respect to the prosecution by him of offenders,
and with respect to any person to Avhom notice is given to attend
with a view to report him as guilty of any corrupt or illegal
practice.
(2.) It shall also be the duty of such Director, without any
direction from the election court, if it appears to him tliat any
j)erson is able to give material evidence as to the subject of the
trial, to cause such person to attend the trial, and with the leave
of the court to examine such person as a witness.
(3.) It shall also be the duty of the said Director, without
any direction from the election court, if it appears to him that
any person who has not received a certificate of indemnity has
been guilty of a corrupt or illegal practice, to prosecute such
person for the offence before the said court, or if he thinks it
expedient in the interests of justice before any other competent
court.
(4.) Where a person is prosecuted before an election court
for any corrupt or illegal practice, and such person appears
before the court, the court shall proceed to try him summarily
for the said offence, and such person, if convicted thereof upon
such trial, shall be subject to the same incapacities as he is
rendered subject to under this Act upon conviction, whether on
indictment or in any other proceeding for the said offence ; and
further, may be adjudged by the court, if the offence is a corrupt
practice, to be imprisoned, with or without hard labour, for a
term not exceeding six months, or to pay a fine not exceeding
two hundred pounds, and if the offence is an illegal practice, to
pay such fine as is fixed by this Act for the offence ;
Provided that, in the case of a corrupt practice, the court,
before proceeding to try summarily any person, shall give such
person the option of being tried by a jury.
(5.) Where a person is so prosecuted for any such ojffence,
and either he elects to be tried by a jury or he does not appear
before the court, or the court thinks it in the interests of justice
expedient that he should be tried before some other court, the
court, if of opinion that the evidence is sufficient to put the said
person upon his trial for the offence, shall order such person to
be prosecuted on indictment or before a court of summary juris-
diction, as the case may require, for the said offence ; and in
either case may order him to be prosecuted before such court as
may be named in the 'order ; and for all purposes preliminar}'-
and of and incidental to such j^rosecution the offence shall be
deemed to have been committed within the jurisdiction of the
court so named.
A.D. 1883.
Attendance of
Director of
Public Prose-
cutions on
trial of elec-
tion petition,
prosecution
hv him of
oifendcrs.
48
A.D. 188^. (6.) Upon such order being made,
(a.) if the accused person is present before the court, and the
offence is an indictable offence, the court shall commit
him to take his trial, or cause him to give bail to
appear and take his trial for the said offence ; and
(5.) if the accused person is present before the court, and
the offence is not an indictable offence, the court shall
order him to be brought before the court of summary
jurisdiction before whom he is to be prosecuted, or
cause him to give bail to appear before that court ;
and
{c.) if the accused pei'son is not present before the court, the
court shall as circumstances require issue a summons
for his attendance, or a warrant to apprehend him and
bring him, before a court of summary jurisdiction, and
that court, if the offence is an indictable offence, shall,
on proof only of the summons or warrant and the iden-
tity of the accused, commit him to take his trial, or
cause him to give bail to appear and take his trial for
the said offence, or if the offence is punishable on sum-
mary conviction, shall proceed to hear the case, or if
such court be not the court before whom he is directed
to be prosecuted, shall order him to be brought before
that court.
(7.) The Director of Public Prosecutions may nominate, with
the approval of the Attorney-General, a barrister or solicitor of
not less than ten years standing to be his representative for the
purjiose of this section, and that representative shall receive such
remuneration as the Commissioners of Her Majesty's Treasury
may approve. There shall be allowed to the Director and his
assistant or representative, for the pui-poses of this section, such
allowance for expenses as the Commissioners of Her Majesty's
Treasury may ai)prove.
(8.) The costs incurred in defraying the expenses of the
Director of Public Prosecutions under this section (including the
remuneration of his representative) shall, in the first instance,
be paid by the Commissioners of Her Majesty's Treasury, and
so far as they are not in the case of any prosecution paid by the
defendant shall be deemed to be expenses of the election court ;
but if for any reasonable cause it seems just to the court so to
do, the court shall order all or part of the said costs to be repaid
to the Commissioners of Her Majesty's Treasury by the parties
to the petition, or such of them as the court may direct.
Power to
election court
to order
payment by
county or
borough or
individual of
44. (1-) Whereupon the trial of an election petition respect-
ing an election for a county or borough it appears to the election
court that a corrupt practice has not been proved to have been
committed in reference to such election b^^ or with the knowledge
and consent of the respondent to the petition, and that such
respondent took all reasonable means to prevent corrupt practices
49
being committed on liis belialf, the cou-rt may make one or more A.D. 1883.
orders with, respect to the payment either of the whole or such
part of the costs of the petition as the court may think right as °P^*^ °^,.^^.^"
in ^ ^ o ^jQj^ petition,
lollows : '■
(a.) if it appears to the court that corrupt practices extensively
prevailed in reference to the said election, the court
may order the whole or part of the costs to be paid by
the county or borough ; and
(i.) if it appears to the court that any person or persons is
or are proved, whether by pi'oviding money or other-
wise, to have been extensively engaged in corrupt
practices, or to have encouraged or promoted extensive
corrupt practices in reference to such election, the court
may, after giving such person or persons an oppor-
tunity of being heard bj"- counsel or solicitor and
examining and cross-examining witnesses to show cause
why the order should not be made, order the whole or
part of the costs to be paid by that person, or those
persons or any of them, and may order that if the costs
cannot be recovered from one or more of such persons
they shall be paid by some other of such persons or by
either of the parties to the petition.
(2.) Where any person appears to the court to have been
guilty of the offence of a corrupt or illegal practice, the court
may, after giving such person an opportunity of making a
statement to show why the order should not be made, order the
whole or any part of the costs of or incidental to any proceeding
before the court in relation to the said offence or to the said
person to be paid by the said person.
(3.) The rules and regulations of the Supreme Court of
Judicature with respect to costs to be allowed in actions, causes,
and matters in the High Court shall in principle and so far as
practicable apply to the costs of petition and other proceedings
under the Parliamentary Elections Act, 1868, and under this Act,
and the taxing officer shall not allow any costs, charges, or
expenses on a higher scale than would be allowed in any action,
cause, or matter in the High Court on the higher scale, as
between solicitor and client.
Miscellaneous.
45. Where information is given to the Director of Public Inquiry by
Prosecutions that any corrupt or illegal practices have prevailed Director of
in reference to any election, it shall be his duty, subject to the V^^}]^^^ prose-
regulations under the Prosecution of Offences Act, 1879, to make alleo-ed cor-
such inquiries and institute such prosecutions as the circumstances rupt or illegal
of the case appear to him to require. practices.
46. Where a person has, either before or after the com- Removal of
mencemeut of this Act, become subject to any incapacity under incapacity on
the Corrupt Practices Prevention Acts or this Act by reason of a proof that it
D
50
A.D. 1883.
was prociired
by perjury.
Anieudment
of law as to
polling dis-
tricts and
polling places.
coavictiou or of a report of any election court or election com-
missioners, and any witness who gave evidence against such
incapacitated person upon the proceeding for such conviction or
report is convicted of perjury in respect of that evidence, the
incapacitated person may apply to the High Court, and the
Court, if satisfied that the conviction or report so far as respects
such person was based upon perjury, may order that such
incapacity shall thenceforth cease, and the same shall cease
accordingly.
47- (1-) Every county shall be divided into polling districts,
and a polling place shall be assigned to each district in such
manner that, so far as is reasonably practicable, every elector
resident in the county shall have his polling place within a
distance not exceeding three miles from his residence, so never-
theless that a polling district need not in any case be constituted
containing less than one hundred electors.
(2.) In every county the local authority who have power to
divide that county into polling districts shall from time to time
divide the county into polling districts, and assign polling places
to those districts, and alter those districts and polling places in
such manner as may be necessary for the purpose of carrying
into effect this section.
(3.) The power of dividing a borough into polling districts
vested in a local authority by the Representation of the People
Act, 1867, and the enactments amending the same, may be
exercised by such local authority from time to time, and as often
as the authority think fit, and the said power shall be deemed
to include the power of altering any polling district, and the
said local authority shall from time to time, wliere necessary for
the purpose of carrying this section into effect, divide the
borough into polling districts in such manner that —
(a.) Every elector resident in the borough, if other than one
herein-after mentioned, shall be enabled to poll within
a distance not exceeding one mile from his residence,
so nevertheless that a polling district need not be consti-
tuted containing less than three hundred electors ; and
(i.) Every elector resident in the boroughs of East Retford,
Shoreham, Cricklade, Much Wenlock, and Aylesbury,
shall be enabled to poll within a distance not exceeding
three miles from his residence, so nevertheless that a
polling district need not be constituted containing less
than one hundred electors.
(4.) So much of section five of the Ballot Act, 1872, and the
enactments amending the same as in force and is not repealed
by this Act, shall apply as if the same were incorporated in this
section.
(5.) The expenses incurred by the local authority of a county
or borough under this or any other Act in dividing their county
or borough into polling districts, and, in the case of a county,
I
51
assigning polling places to such districts, and in altering any A.D. 1883.
such districts or polling places, shall bo defrayed in like manner
as if they were expenses incurred by the registration officer in
the execution of the enactments respecting the registration of
electors in such county or borough, and those enactments, so far
as is consistent with the tenor thereof, shall apply accordingly.
48. Where the natui'e of a county is such that any electors Conveyance
residing therein are unable at an election for such county to of voters by
reach their polling place without crossing the sea or a branch or ^^^ ^" certain
arm thereof, this Act shall not prevent the provision of means
for conveying such electors by sea to their polling place, and the
amount of payment for such means of cuuveyance may be in
addition to the maximum amount of expenses allowed by this
Act.
49. Notwithstanding the provisions of the Act 15 and 16 Election com-
Vict. cap. 57, or any amendment thereof , in any case where, after niissioners not
the passing of this Act, any comiuissioners have been appointed, Y^ inquire in-
on a joint address of both Houses of Parliament, for the purpose before the
of making inquiry into the existence of corrupt practices in any passing of
election, the said commissioners shall not make inquiries con- this Act.
cerning any election that shall have taken place prior to the
passing of this Act, and no witness called before such commis-
sionei-s, or at any election petition after the passing of this Act,
shall be liable to be asked or bound to answer any question for
the purpose of proving the commission of any corrupt practice at
or in relation to any election prior to the passing of this Act :
Provided that nothing herein contained shall affect any pro-
ceedings that shall be pending at the time of such passing.
Trial in Cen-
tral Criminal
Court of in-
dictment for
corrupt prac-
tice at in-
stance of
Attorney-
General.
Leffal Proceedings.
50. Where an indictment as defined by this Act for any
offence under the Corrupt Practices Prevention Acts or this Act
is instituted in the High Court or is removed into the High
Court by a writ of certiorari issued at the instance of the Attorney
General, and the Attorney General suggests on the part of the
Crown that it is expedient for the purposes of justice that the
indictment should be tried in the Central Criminal Court, or if a
special jury is ordered, that it should be tried before a judge and
jury at the Eoyal Courts of Justice, the High Court may, if it
think fit, order that such indictment shall be so tried upon such
terms as the Court may think just, and the High Court may
make such orders as apjiear to the Court necessary or proper for
carr;ydng into effect the order for such trial.
61. (1.) A proceeding against a person in respect of the Limitation
offence of a corrupt or illegal practice or any other offence under time for pro-
the Corruj)t Practices Prevention Acts or this Act shall be com- s^ution of
menced within one year after the offence was committed, or if it "^ ^^^^'
D 2
52
A.D. 1883.
Persons
charged with
corrupt prac-
tice may be
found guilty
of illeg-al
practice.
A pi)lication
of enact-
ments of
17 & 18 Vict.
c. 102, and
'2(3 & 27 Vict,
c. 29, relating
to prose-
cutions for
bribery.
17 & 18 Vict.
c. 102.
26 & 27 Vict,
c. 29.
was comuiitted in reference to an election with respect to wliicli
an inquiry is held by election commissioners shall be commenced
within one year after the offence was committed, or within three
months after the report of such commissioners is made, which-
ever period last expires, so that it be commenced within two
years after the offence was committed, and the time so limited
by this section shall, in the case of any proceeding under the
Summary Jurisdiction Acts for any such offence, whether before
an election court or otherwise, be substituted for any limitation
of time contained in the last-mentioned Acts.
(2.) For the purposes of this section the issue of a summons,
warrant, writ, or other process shall be deemed to be a com-
mencement of a proceeding, where the service or execution of
the same on or against the alleged offender is prevented by the
absconding or concealment or act of the alleged offender, but
save as aforesaid the service or execution of the same on or
against the alleged offender, and not the issue thereof, shall be
deemed to be the commencement of the proceeding.
52. Any person charged with a coriiipt practice may, if the
circvimstances warrant such finding, be found guilty of an illegal
practice, (which offence shall for that purpose be an indictable
offence,) and any person charged with an illegal practice may be
found guilty of that offence, notwithstanding that the Act con-
stituting the offence amounted to a con-upt practice, and a person
charged with illegal payment, employment, or hiring, may be
found guilty of that offence, notwithstanding that the act con-
stituting the offence amounted to a corrupt or illegal practice.
53. (1.) Sections ten, twelve, and thirteen of the Corrupt
Practices Prevention Act, 1854, and section six of the Corrupt
Practices Prevention Act, 1863 (which relate to prosecutions for
bribery and other offences under those Acts), shall extend to
any prosecution or indictment for the offence of any corrxipt
practice within the meaning of this Act, and to any action for
any pecuniary forfeiture for an offence under this Act, in like
manner as if such offence were bribery within the meaning of
those Acts, and such indictment or action were the indictment
or action in those sections mentioned, and an order under the
said section ten may be made on the defendant; but the Director
of public prosecutions or any person instituting any prosecution
in his behalf or by direction of an election court shall not be
deemed to be a private lu'osecutor, nor required under the said
sections to give any security.
(2). On any prosecution under this Act, whether on indict-
ment or simimarily, and whether before an election court or
otherwise, and in any action for a pecuniary forfeiture under
this Act, the person prosecvited cr sued, and the husband or wife
of sTich person, may, if he or she think fit, be examined as an
ordinary witness in the case.
53
(3.) Ou any such prosecution or action as aforesaid, it sliall
be sufficient to allege that the person charged was guilty of an
illegal practice, payment, employment, or hiring witliin the
meaning of this Act, as the case may be, and the certiticate of
the returning officer at an election that the election mentioned
in the certificate was duly held, and that the person named in
the certificate was a candidate at such election, shall be suffi-
cient evidence of the facts therein stated.
A.D. 1883.
54. (1.) All oifences under this Act punishable on summary Prosecution
conviction may be prosecuted in manner provided by the ►Sum- on summary
mary Jurisdiction Acts. conviction,
(2.) A person aggrieved by a conviction by a court of sum- '"I'i ^PP«^'" t"^
mary jurisdiction for an offence under this Act may appeal to
general or quarter sessions against such conviction.
quart
sions.
Application
of Summary
Jurisdiction
and Indict-
able Oft'enoes
Acts to pro-
ceedings be-
fore election
courts.
65. (I.) Except that nothing in this Act shall authorise any
appeal against a summary conviction by an election court, the
Summary Jurisdiction Acts shall, so far as is consistent with the
tenor thereof, apply to the prosecution of an offence summarily
before an election court, in like manner as if it were an offence
punishable only on summary conviction, and accordingly the
attendance of any person may be enforced, the case heard and
determined and any summary conviction by such court be carried
into effect and enforced, and the costs thereof paid, and the
record thereof dealt with under those Acts in like manner as if
the court were a petty sessional court for the county or place in
which such conviction took place.
(2.) The enactments relating to charges before justices
against persons for indictable offences shall, so far as is consis-
tent with the tenor thereof, apply to every case where an election
court orders a person to be prosecuted on indictment in like
manner as if the court were a justice of the peace.
56. (1.) Subject to any rules of court, any jurisdiction Exercise of
vested by this Act in the High Court may, so far as it relates to ■IV^^I'^p*^^^',", °^
indictments or other criminal proceedings, be exercised by any and niakilio-'
judge of the the Queen's Bench Division, and in other respects of rules of °
may either be exercised by one of the judges for the time being court.
on the rota for the trial of election petitions, sitting either in court
or at chambers, or may be exercised by a master of the Supreme
Court of Judicature in manner directed by and subject to an
appeal to the said judges :
Provided that a master shall not exercise jurisdiction in the
case either of an order declaring any act or omission to be an
exception from the provisions of this Act with respect to illegal
practices, payments, employments, or hii-ings, or of an order
allowing an excuse in relation to a return or declaration respect-
ing election expenses.
(2.) Rules of court may from time to time be made, revoked,
and altered for the purposes of this Act, and of the Parliaiiien-
54
A.D. 1883.
Director of
public proHe-
cutions, and
expenses of
prosecutions.
42 & 43 Vict.
Recovery of
costs payable
by county or
borough or
by person.
32 & 33 Vict,
c. 21.
34 & 35 Vict.
0. 61.
Obligation of
witness to
answer, and
certificate of
indemnity.
tary Elections Act, 1868, and the Acts amending the same, by
the same authority by whom rules of court for procedure and
practice in the Snpreme Court of Judicature can for the time
being be made.
57. (1-) The Director of Public Prosecutions in performing
any duty under this Act shall act in accordance with the regu-
lations under the Prosecution of Offences Act, 1879, and subject
thereto in accordance with the directions (if any) given to him
by the Attorney General ; and any assistant or representative of
the Director of Public Prosecutions in performing any duty
under this Act shall act in accordance with the said regulations
and directions, if any, and Avith the directions given to him by
the Director of Public Prosecutions.
(2.) Subject to the provisions of this Act, the costs of any
prosecution on indictment for an offence punishable under this
Act, whether by the Director of Public Prosecutions or his re-
presentative or by any other person, shall, so far as they are
not paid by the defendant, be paid in like manner as costs in
the case of a prosecution for felony are paid.
58. (1.) Where any costs or other sums (not being costs of
a prosecution on indictment) are, under an order of an election
court or otherwise under this Act, to be paid by a county or
borough, the Commissioners of Her Majesty's Treasury shall
pay tliose costs or sums, and obtain repayment of the amount so
paid, in like manner as if such costs and sums were expenses of
election commissioners paid by them, and the Election Commis-
sioners Expenses Acts, 1869 and 1871, shall apply accordingly
as if they were herein re-enacted and in terms made applicable to
the above-mentioned costs and sums.
(2.) Where any costs or other sums are, under the order of
an election court or otherwise under this Act, to be paid by any
person, those costs shall be a simple contract debt due from such
person to the person or persons to whom they are to be paid,
and if paj'able to the Commissioners of Her Majesty's Treasury
shall be a debt to Her Majesty, and in either case may be re-
covered accordingly.
Supplemental Provisions, Definitions, Savings, and Repeal.
59. (1.) A person who is called as a witness respecting an
election before any election court shall not be excused from
answering any question relating to any offence at or connected
with such election, on the ground that the answer thereto may
criminate or tend to criminate himself or on the ground of
privilege ;
Provided that —
(«.) a witness who answers trul}^ all questions which he is
required b}' the election court to answer shall be entitled
to receive a certificate of indemnity under the hand of
a member of the court stating that sucli witness lias A.I). I8S.3.
so answered: and
(b.) an answer by a person to a question put by or before
any election court shall not, except in the case of any
criminal proceeding for perjury in respect of such
evidence, be in any proceeding, civil or criminal, ad-
missible in evidence against him :
(2.) Where a person has received such a certificate of indem-
nity in relation to an election, and any legal proceeding is at
any time instituted against him for any offence under tlie
Corrupt Practices Prevention Acts or this Act committed by
him previouslj'- to the date of the certificate at or in relation to
the said election, the court having cognisance of the case shall
on proof of the certificate stay the proceeding, and may in their
discretion award to the said person such costs as he may have
been put to in the proceeding.
(3.) Nothing in this section shall be taken to relieve a person
receiving a certificate of indemnity from any incapacity under
this Act or from any proceeding to enforce such incapacity
(other than a criminal prosecution).
(4.) This section shall apply in the case of a witness before
any election commissioners, in like manner as if the expression
" election court" in this section included election commissioners.
(5.) Where a solicitor or person lawfully acting as agent for
any party to an election petition respecting any election for a
county or borough has not taken any part or been concerned in
such election, the election commissioners inquiring into such
election shall not be entitled to examine such solicitor or agent
respecting matters which came to his knowledge by reason only
of his being concerned as solicitor or agent for a party to such
petition.
60. An election court or election commissioners, when re- Stibmis.sion of
porting that certain persons have been guilty of any corrupt or report of elec-
illegal practice, shall report whether those persons have or not ^^°^ coui-t or
been furnished with certificates of indemnity ; and such report coimmssioners
shall be laid before the Attorney-General (accompanied in the General,
case of the commissioners with the evidence on which such
report was based) with a view to his instituting or directing a
prosecution against such persons as have not received certificates
of indemnity, if the evidence should, in his opinion, be suffi-
cient to support a prosecution.
61. (1.) Section eleven of the Ballot Act, 1872, shall apply Breach of
to a returning officer or presiding officer or clerk who is guilty duty by
of any wilful misfeasance or wilful act or omission in contraven- f®'^'"/,
tion of this Act in like manner as if the same were in contra- ^^ f^, "^'^
vention of the Ballot Act, 1872.
(2.) Section ninety-seven of the Parliamentary Registration 6 Viot. c. 18
Act, 1843, shall apply to every registration officer who is guilty
ict.
56
A.D. 1883.
Publication
and service of
notices.
35 & 36 Vict.
u. 33,
Definition of
candidate,
and saving
for persons
nominated
without con-
sent.
of auy wilful misfeasance or" wilful act of commission or omission
contrary to this Act in like manner as if the same were contrary
to the Parliamentary Registration Act, 1843.
62. (1.) Any public notice required to be given by the re-
turning officer under this Act shall be given in the manner in
which he is directed by the Ballot Act, 1872, to give a public
notice,
(2.) Where any summons, notice or document is required to
be served on any person with reference to any proceeding re-
specting an election for a county or borough, whether for the
pur2:)0se of causing him to appear before the High Court or any
election court, or election commissioners, or otherwise, or for the
purpose of giving him an opportunity of making a statement,
or showing cause, or being heard by himself, before any court
or commissioners, for any purpose of this Act, such summons,
notice, or document may be served either by delivering the same
to such person, or by leaving the same at, or sending the same
by post by a registered letter to, his last known place of abode
in the said county or borough, or if the proceeding is before any
court or commissioners, in such other manner as the court or
commissioners may direct, and in proving such service by post
it shall be sufficient to prove that the letter was prepaid, properly
addressed, and registered with the post office,
(3.) In the form of notice of a parliamentary election set
forth in the Second Schedule to the Ballot Act, 1872, the words
" or any illegal practice " shall be inserted after the words " or
other corrupt i^ractices," and the words the "Corrupt and Illegal
Practices Prevention Act, 1883," shall be inserted after the words
"Corrupt Practices Prevention Act, 1854."
63. ( 1 .) In the Corrupt Practices Prevention Acts, as amended
by this Act, the expression " candidate at an election" and the
expression "candidate" respectively mean, unless the context
otherwise requires, any person elected to serve in Parliament at
such election, and any person who is nominated as a candidate
at such election, or is declared by himself or by others to be a
candidate, on or after the day of the issue of the writ for such
election, or after the dissolution or vacancy in consequence of
which such writ has been issued ;
(2.) Provided that where a person has been nominated as a
candidate or declared to be a candidate by others, then —
{a.) If he was so nominated or declared without his consent,
nothing in this Act shall be construed to impose any
liability on such person, unless he has afterwards given
his assent to such nomination or declaration or has been
elected ; and
[b.) If he was so nominated or declared, either without his
consent or in his absence and he takes no part in the
election, he may, if he thinks fit, make the declaration
57
respecting election expenses contained in the second
part of the Second Schedule to this Act, and the elec-
tion agent shall, so far as circumstances admit, comply
with the pro\^sions of this Act with respect to expenses
incurred on account of or in respect of the conduct or
management of the election in like manner as if the
candidate had been nominated or declared with his
consent.
A.D. 1883.
64. In this Act, unless the context otherwise requires —
The expression " election" means the election of a member
or members to serve in Parliament :
The expression ''election petition" means a petition pre-
sented in pursuance of the Parliamentary Elections Act,
1868, as amended by this Act :
The expression " election court" means the judges presiding
at the trial of an election petition, or, if the matter comes
before the High Court, that court :
The expression "Election Commissioners" means commis-
sioners appointed in pursuance of the Election Commis-
sioners Act, 1852, and the enactments amending the same :
The expression " High Court" means Her Majesty's High
Court of Justice in England :
The expressions "court of summary jurisdiction," "petty
sessional court," and "Summary Jurisdiction Acts," have
the same meaning as in the Summary Jurisdiction Act,
1879 :
The expression "the Attorney General" includes the Solicitor
General in cases where the office of the Attorney General
is vacant or the Attoi'ney General is interested or other-
wise unable to act :
The expression "registration officer" means the clei*k of the
peace in a county, and the town clerk in a borough, as
respectively defined by the enactments relating to the
registration of parliamentary electors :
The expression " elector" means any person whose name is
for the time being on the register roll or book containing
the names of the persons entitled to vote at the election
with reference to which the expression is used :
The expression "register of electors" means the said register
roll or book :
The expression "polling agent" means an agent of the
candidate appointed to attend at a polling station in pur-
suance of the Ballot Act, 1872, or of the Acts therein
referred to or amending the same :
The expression "pei-son" includes an association or body of
persons, corporate or unincorporate, and where any act is
done by any such association or body, the members of
such association or body who have taken part in the com-
mission of such act shall be liable to any fine or punish-
ment imposed for the same by this Act :
General in-
ter^jretation
of terms.
31 & 32 Viot.
c. 125.
15 & 16 Viet,
c. 57.
42 & 43 Vict,
c. 49.
35 & 36 Vict,
c. 33.
58
A.D. 1883. The expression " committee room " shall not include any
house or room occupied by a candidate at an election as a
dwelling, by reason only of the candidate there transact-
ing business with his agents in relation to such election ;
nor shall any room or building be deemed to be a com-
mittee room for the purposes of this Act by reason only
of the candidate or any agent of the candidate addressing
therein electors, committeemen, or others:
The expression "public office" means any office under the
Crown or under the charter of a city or municipal borough
or under the Acts relating to Municipal Corporations or
33 & 34 Vict. to the Poor Law, or under the Elementary Education Act,
c. 7o. 1870, or under the Public Health Act, 1875, or under
38 & 39 Vict. any Acts amending the above-mentioned Acts, or under
^- ^^' any other Acts for the time being in force (whether passed
before or after the commencement of this Act) relating
to local government, whether the office is that of mayor,
chairman, alderman, councillor, guardian, member of a
board, commission, or other local authority in any county,
city, borough, union, sanitary district, or other area, or is
the office of clerk of the peace, town clerk, clerk or other
officer under a council, board, commission, or other
authority, or is any other office to which a person is
elected or appointed under any such charter or Act as
above-mentioned, and includes any other municipal or
parochial office ; and the expressions " election," " election
petition," "election court," and "register of electors,"
shall, where expressed to refer to an election for any such
public office, be construed accordingly :
The expression "judicial office" includes the office of justice
of the peace and revising barrister :
The expression " personal expenses " as used with respect to
the expenditure of any candidate in relation to any
election includes the reasonable travelling expenses of
such candidate, and the reasonable expenses of his living
at hotels or elsewhere for the purposes of and in relation
to such election :
The expression " indictment " includes information r
The expression "costs" includes costs, charges, and
expenses :
The expression " payment " includes any pecuniary or other
reward; and the expressions " pecuniary reward " and
" money " shall be deemed to include any office, place, or
employment, and any valuable security or other equivalent
for money, and any valuable consideration, and expressions
referring to money shall be construed accordingly :
The expression " Licensing Acts " means the Licensing Acts,
1872 to 1874:
Other expressions have the same meaning as in the Corrupt
Practices Prevention Acts.
65. (10 The enactments described in the Third Schedule to
this Act are in this Act referred to as the Corrupt Practices
Prevention Acts.
(2.) The Acts mentioned in the Fourth Schedule to this Act
are in this Act referred to and may be cited respectively by the
short titles in that behalf in that Schedule mentioned.
(3.) This Act may be cited as the Corrupt and Illegal
Practices Prevention Act, 1883.
(4.) This Act and the Corrupt Practices Prevention Acts may
be cited together as the Corrupt Practices Prevention Acts, 1854
to 1883.
A.D. 1883.
Short titles.
66. The Acts set forth in the Fifth Schedule to this Act are
hereby repealed as from the commencement of this Act to the
extent in the third column of that schedule mentioned, provided
that this repeal or the expiration of any enactment not continued
by this Act shall not revive any enactment which at the com-
mencement of this Act is repealed, and shall not affect anything
duly done or suffered before the commencement of this Act, or
any right acquired or accrued or any incapacity incurred before
the commencement of this Act, and any person subject to any
incapacity under any enactment hereby repealed or not continued
shall continue subject thereto, and this Act shall apply to him
as if he had become so subject in pursuance of the provisions of
this Act.
Repeal of
Acts.
67. This Act shall come into operation on the fifteenth day Commencc-
of October one thousand eight hundred and eighty-three, which ment of Act.
day is in this Act referred to as the commencement of this Act.
Application of Act to Scotland.
68. This Act shall apj)ly to Scotland, with the following
modifications :
(1.) The following expressions shall mean as follows :
The expression " misdemeanour " shall mean crime and
oif ence :
The expression " indictment " shall include criminal letters :
The expression " solicitor " shall mean enrolled law agent :
The expression "revising barrister" shall mean sheriff:
The exjiression " barrister " shall mean advocate :
The expression "petty sessional court" shall mean sheriff
court :
The expression " quarter sessions " shall mean the Court of
Justiciary :
The expression '' registration officer " shall mean an assessor
x;nder the enactments relating to the registration of
parliamentary voters :
The expression "municipal borough" shall include royal
burgh and burgh of regality and burgh of barony :
Application
of Act to
Scotland.
60
A.D. 1883. The expression ''Acts relating to municipal corporations"
shall include the Greneral Police and Improvement (Scot-
land) Act, 1862, and any other Act relating to the consti-
tution and government of burghs in Scotland :
The expression " mayor" shall mean provost or chief magis-
trate :
The expression " alderman" shall mean bailie :
The expression " Summary Jurisdiction Acts" shall mean
the Summary Jurisdiction (Scotland) Acts 1864 and 1881,
and any Acts amending the same.
(2.) The provisions of this Act with respect to polling
districts and the expenses of dividing a county or borough into
polling districts shall not apply to Scotland.
(3.) The provisions respecting the attendance at the trial of
an election petition of a representative of the Director of Public
Prosecutions shall not apply to Scotland, and in place thereof
the following provisions shall have effect :
(a.) At the trial of every election petition in Scotland Her
Majesty's advocate shall be represented by one of his
deputes or by the procurator-fiscal of the sheriff court
of the district, who shall attend such trial as part of
his official duty, and shall give all necessary assistance
to the judge with respect to the citation of witnesses
and recovery of documents :
(b.) If the judge shall grant a warrant for the apprehension,
commitment, or citation of any person suspected of
being guilty of a corrupt or illegal practice, the case
shall be reported to Her Majesty's advocate in order
that such person may be brought to trial before the
High Court of Justiciary or the sheriff, according to
the nature of the case :
(c.) It shall be the duty of the advocate depute or, in his
absence, the procurator fiscal, if it appears to him that
a corrupt or illegal practice within the meaning of this
Act has been committed by any person who has not
received a certificate of indemnity, to report the case to
Her Majesty's advocate in order to such person being
brought to trial before the proper court, although no
warrant may have been issued by the judge.
(4.) The jurisdiction of the High Court of Justice under
this Act shall, in Scotland, be exercised by one of the Divisions
of the Court of Session, or by a judge of the said Court to
whom the same may be remitted by such division, and subject
to an appeal thereto, and the Court of Session shall have power
to make Acts of sederunt for the purposes of this Act.
(5.) Court of Oyer and Terminer shall mean a circuit court
of Justiciary, and the High Court of Justiciary shall have powers
to make acts of adjournal regulating the procedure in appeals to
the circuit court under this Act.
(6.) All offences under this Act punishable on summary con-
01
victlon may be prosecuted in the slieriflf court iu manner provided a.D. 1883.
by the Summary Jurisdiction Acts, and all necessary jurisdictions
are hereby conferred on sheriffs.
(7.) The authority given by this Act to the Director of Public
Prosecutions in England shall in Scotland be exercised by Her
Majesty's advocate, and the reference to the Prosecution of
Offences Act, 1879, shall not appl}'.
(8.) The expression "Licensing Acts" shall mean "the 25 & 26 Vict.
Public Houses Acts Amendment (Scotland) Act, 1862," and c 35.
"the Publicans' Certificates (Scotland) Act, 1876," and the 39 & 40 Vict.
Acts thereby amended and therein recited. ^' " '
(9.) The expression "register of licences" shall mean the
register kept in pursuance of section twelve of the Act of the
ninth year of the reign of King George the Fourth, chapter
fifty-eight.
(10.) The references to the Public Health Act, 1875, and to
the Elementary' Education Act, 1870, shall be construed to refer
to the Public Health (Scotland) Act, 1867, and to the Elemen-
tary Education (Scotland) Act, 1872.
(11.) Any reference to the Parliamentary Elections Peturning
Officers Act, 1875, shall not apply.
(12.) The provision with respect to the registration officer
sending the corrupt and illegal practices list to overseers and
the dealing with such list by overseers shall not apply, and in
lieu thereof it is hereby enacted that the assessor shall in counties
include the names of such persons in the list of persons who
have become disqualified, and in boroughs shall omit the names
of such persons from the list of persons entitled to vote.
(13.) The power given by this Act to the Lord Chancellor in
England shall in Scotland, except so far as relates to the justices
of the peace, be exercised by the Lord Justice General.
(14.) Any reference to the Attorney-General shall refer to
the Lord Advocate.
(15.) The jirovisions with respect to the removal of cases to
the Central Criminal Court or to the trial of cases at the Eoyal
Courts of Justice shall not apply.
(16.) Section thirty-eight of the County Voters Registration 24 & 25 Vict.
(Scotland) Act, 1861, shall be substituted for section ninety- ^- ^'^•
seven of the Parliamentary Registration Act, 1843, where
reference is made to that section in this Act.
(17.) The provision of this Act with regard to costs shall not
apply to Scotland, and instead thereof the following provision
shall have effect :
The costs of petitions and other proceedings under " The
Parliamentary Elections Act, 1868," and under this Act
shall, subject to any regulations which the Court of
Session may make by act of sederunt, be taxed as nearly
as possible according to the same principles as costs
between agent and client are taxed in a cause in that
court, and the auditor shall not allow any costs, charges,
or expenses on a higher scale.
62
A.D. 1883. Ap2}lication of Act to Ireland.
A r t^ ^^* ^^^^^ ^^^ shall ajijily to Ireland, with the following
of^Acrto"'' modifications:
Ireland. (1 ) No person shall be tried for any offence against this Act
45 & 46 Vict. under any of the provisions of the Prevention of
0- 25. Crime (Ireland) Act, 1882.
(2.) The expression "Summary Jurisdiction Acts " means,
with reference to the Dublin Metropolitan Police
District, the Acts regulating the powers and duties
of justices of the peace and of the police in such
district; and with reference to other parts of Ireland
14 & 15 Vict. means the Petty Sessions (Ireland) Act, 1851, and
c- 93. any Acts amending the said Act.
(3.) Section one hundred and three of the Act of the session
of the thirteenth and fourteenth years of the reign
of Her present Majesty, chapter sixty-nine, shall be
substituted for section ninety-seven of the Parlia-
mentary Registration Act, 1843, where reference is
made to that section in this Act.
(4.) The provision with respect to the registration officer
sending the corrupt and illegal practices list to over-
seers and the dealing with such list by overseers shall
not apply, and in lieu thereof it is hereby enacted
that the registration officer shall, after making out
such list, himself publish the same in the manner in
which he publishes the lists referred to in the twenty-
first and the thirty-third sections of the Act of the
session of the thirteenth and fourteenth years of the
reign of Her present Majesty, chapter sixty-nine ;
and shall also in the case of every person in the
corrupt and illegal practices list enter " objected to"
against his name in the register and lists made out
by such registration officer in like manner as he is
by law required to do in other cases of disqualifica-
tion.
(5.) The Supreme Court of Judicature in Ireland shall be
substituted for the Supreme Court of Judicature.
(6.) The High Court of Justice in Ireland shall be substi-
tuted for the High Court of Justice in England.
(7.) The Lord High Chancellor of Ireland shall be substi-
tuted for the Lord High Chancellor of Grreat Britain.
(8.) The Attorney-Greneral for Ireland shall be substituted
for the Director of Public Prosecutions, and the re-
ference to the prosecution of the Offences Act, 1879,
shall not apply.
(9.) The provisions of this Act relative to polling districts
shall not apply to Ireland, but in the county of the
town of Gralway there shall be a j)olling station at
Barna, and at such other places within the parlia-
mentary borough of Galway as the town commis-
sioners may appoint.
63
(10.) Auy reference to Part IV. of the Municipal Corpora- A.D. 1883.
tious Act, 1882, shall be construed to refer to the
Corrupt Practices (Municipal Elections) Act, 1872.
(11.) Any reference to the Licensing Acts shall he construed
to refer to the Licensing Acts (Ireland), 1872-1874.
(12.) The Public Health (Ireland) Act, 1878, shall be sub- 41 & 42 Vict.
stituted for the Public Health Act, 1875. c. 52.
(13.) The provisions with resjject to the removal of cases to
the Central Criminal Court, or to the trial of cases
at the Royal Courts of Justice, shall not ajjply to
Ireland.
Continuance.
70. This Act shall continue in force until the thirty-first Continuance,
day of December one thoiisand eight hundred and eighty-four,
and no longer, unless continued by Parliament ; and such of
the Corrupt Practices Prevention Acts as are referred to in Part
One of the Third Schedule to this Act shall continue in force
until the same day, and no longer, unless continued by Parlia-
ment.
04
^'^- ^883. SCHEDULES
FIEST SCHEDULE.
PART I.
Persons Legally Employed for Payment.
(L) One electiou agent and no more.
(2.) In counties one de^iuty election agent (in tins Act
referred to as a sub-agent) to act within each polling district
and no more.
(3.) One polling agent in each polling station and no more.
(4.) In a borough one clerk and one messenger, or if the
number of electors in the borough exceeds five hundred, a
number of clerks and messengers not exceeding in number one
clerk and one messenger for every comj)lete five hundred electors
in the borough, and if there is a number of electors over and
above any complete five hundred or complete five hundreds of
electors, then one clerk and one messenger may be employed for
such number, although not amounting to a complete five
hundi-ed.
(5.) In a county for the central committee room one clerk
and one messenger, or if the number of electors in the county
exceeds five thousand, then a number of clerks and messengers
not exceeding in number one clerk and one messenger for every
complete five thousand electors in the county ; and if there is a
number of electors over and above any complete five thousand
or comjilete five thousands of electors, then one clerk and one
messenger may be employed for such number, although not
amounting to a complete five thousand.
(6.) In a county a nvmiber of clerks and messengers not
exceeding in number one clerk and one messenger for each
polling district in the covmty, or where the number of electors
in a polling district exceeds five hundred one clerk and one
messenger for every complete five hundred electors in the polling
district, and if there is a number of electors over and above any
complete five hundred or complete five hundreds of electors,
then one clerk and one messenger may be employed for such
number, although not amounting to a complete five hundred :
Provided always, that the number of clerks and messengers so
allowed in any county may be emploj'cd in any polling district
whore their services may be required.
65
(7.) Any such paid election agent, sub-agont, polling agent, A.D. 1K83.
clerk, and messenger may or may not be an elector but may not
vote.
(8.) In the case of the boroughs of East Eetford, Shoreham,
Cricklade, Much Wenlock, and Aylesbury, the provisions of this
part of this schedule shall applj' as if such borough were a county.
PART II.
Legal Expenses in Addition to Expenses under Part I.
(1.) Sums paid to the returning officer for his charges not
exceeding the amount authorised by the Act 38 & 39 Vict. e. 84.
(2.) The personal expenses of the candidate.
(3.) The expenses of 2>rinting, the expenses of advertising,
and the expenses of publisiiing, issuing, and distributing ad-
dresses and notices.
(4.) The expenses of stationery, messages, postage, and
telegrams.
(5.) The expenses of holding public meetings.
(6.) In a borough the expenses of one committee room, and
if the number of electors in tlie borough exceeds five hundred,
then of a number of committee rooms not exceeding the number
of one committee room for every complete five hundred electors
in the borough, and if there is a number of electors over and
above any comjilete five hundred or complete five hundreds of
electors, then of oi^e committee room for such number, although
not amounting to a complete five hundred.
(7.) In a county the expenses of a central committee room,
and in addition of a number of committee rooms not exceeding
in number one committee room for each polling district in the
county, and where the number of electors in a polling district
exceeds five liundred one additional committee room may be
hired for every complete five hundred electors in such polling
district over and above the first five hundred.
PART III.
Maximum for Miscellaneous Matters.
Expenses iu respect of miscellaneous matters other than
those mentioned in Part I. and Part II. of this schedule not
exceeding in the whole the maximum amount of two hundred
pounds, so nevertheless that such expenses are not incurred in
respect of any matter or in any manner constituting an oft'ence
under this or any other Act, or in respect of any matter or
thing, payment for which is expressly prohibited by this or any
Other Act.
66
A.D. 1883. PART IV.
Maximum Scale.
(1.) In a borougli the expenses mentioned aLore in Parts L,
II., and III. of this schedule, other than personal expenses and
sums paid to the returning officer for his charges, shall not
exceed in the whole the maximum amount in the scale following :
If the number of electors
on the register — The maximum amount shall be —
Does not exceed 2,000 - £350.
Exceeds 2,000 - - £380, and an additional £30
for every complete 1,000
electors above 2,000.
Provided that in Ireland if the
number of electors on the
register — The maximum amount shall be —
Does not exceed 500 - £200.
Exceeds 500, but does
not exceed 1,000 - £250.
Exceeds 1,000, but does
not exceed 1,500 - £275.
(2.) In a county the expenses mentioned above in Parts I. ,
II., and III. of this schedule, other than personal expenses and
sums paid to the returning officer for his charges, shall not
exceed in the whole the maximum amount in the scale following :
If the number of electoi-s
on the register — The maximum amount shall be —
Does not exceed 2,000 - £650 in England and Scot-
land, and £500 in Ireland.
Exceeds 2,000 - - £710 in England and Scot-
land, and £540 in Ireland ;
and an additional £60 in
England and Scotland, and
£40 in Ireland, for every
complete 1,000 electors
above 2,000.
PART V.
Ge7ieral.
(1.) In the case of the boroughs of East Petford, Shorehara,
Cricklade, Much Wenlock, and Aylesbury, the provisions of
Parts II., III., and IV. of this schedule shall apj^ly as if such
borough were a county.
(2.) For the purposes of this schedule the number of electors
shall be taken according to the enumeration of the electors in
the register of electors.
(3.) Where there are two or more joint candidates at an elec-
tion the maximum amoiint of expenses mentioned in Parts III.
67
and IV. of tins scliedule sliall, for each of suoli joint candidates, A.D. 1883.
be reduced by one-fourth, or if there are more than two joint
candidates b}^ one-third.
(4.) Where the same election agent is appointed by or on
behalf of two or more candidates at an election, or where two
or more candidates, by themselves or any agent or agents, hire
or use the same committee rooms for such election, or employ
or use the services of the same sub-agents, clerks, messengers,
or polHng agents at such election, or publish a joint address or
joint circular or notice at such election, those candidates shall be
deemed for the purposes of this enactment to be joint candidates
at such election.
Provided that —
(a.) The employment and use of the same committee room,
sub-agent, clerk, messenger, or polling agent, if acci-
dental or casual, or of a trivial and unimportant
character, shall not be deemed of itself to constitute
persons joint candidates.
(b.) Nothing in this enactment shall prevent candidates from
ceasing to be joint candidates,
(c.) "Where any excess of expenses above the maximum
allowed for one of two or more joint candidates has
arisen owing to his having ceased to be a joint candi-
date, or to his having become a joint candidate after
having begun to conduct his election as a separate
candidate, and such ceasing or beginning was in good
faith, and such excess is not more than under the cir-
cumstances is reasonable, and the total expenses of
such candidate do not exceed the maximum amount
allowed for a separate candidate, such excess shall be
deemed to have arisen from a reasonable cause within
the meaning of the enactments respecting the allow-
ance by the High Court or election court of an excep-
tion from the provisions of this Act which would
otherwise make an act an illegal practice, and the
candidate and his election agent may be relieved ac-
cordingly from the consequences of having incurred
such excess of expenses.
K 2
QS
A.D. 1883 SECOND SCHEDULE.
PART I.
Form of Declarations a8 to Expenses.
Form for Candidate.
I , having been a candidate at the election for the
county [or borough] of on the day of ,
do hereby solemnly and sincerely declare that I have examined
the return of election expenses [about to be] transmitted by my
election agent [or if the ca^ididate is his own election agent, "by
me"] to the returning officer at the said election, a copy of
which is now shown to me and marked , and to the best of
my knowledge and belief that return is correct :
And I further solemnly and sincerely declare that, except as
appears from that return, I have not, and to the best of my
knowledge and belief no person, nor any club, society, or asso-
ciation, has, on my behalf, made any payment, or given, pro-
mised, or offered any reward, office, employment, or valuable
consideration, or incurred any liability on account of or in
respect of the conduct or management of the said election ;
And I further solemnly' and sincerel}' declare that I have
paid to my election agent [(/' the candidate is also his own election
agent, leave out " to my election agent "] the sum of
pounds and no more for the purpose of the said election, and
that, except as specified in the said return, no money, security,
or equivalent for money has to my knowledge or belief been
paid, advanced, given, or deposited by anyone to or in the hands
of my election agent [^or if the candidate is his own election agent,
"myself"] or any other person for the purpose of defraying
any expenses incurred on my behalf on account of or in respect
of the conduct or management of the said election ;
And I further solemnly and sincerely declare that I will not,
except so far as I may be permitted by law, at any future time
make or be party to the making or giving of, any payment,
reward, office, employment, or valuable consideration for the
purpose of defraying any such expenses as last mentioned, or
provide or be party to the providing of any money, security, or
equivalent for money for the purpose of defraying any such
expenses.
Signature of declarant C.J).
Signed and declared by the above-named declarant on the
day of , before me.
(Signed) U.F.
Justice of the Peace for
(-.0
Farm for Flection Atjcni. A.i). ISS.J
I, , being olection agent to ,
candidate at the election for the county [or borough] of
on the day of , do hereby sokmmly and
sincerely declare that I have examined the return of election
expenses about to be transmitted by me to the returning officer
at the said election, and now shown to me and marked ,
and to the best of my knowledge and belief that return is
correct ;
And I hereby further soleiimly and sincerely declare that,
except as ajtpears from that return, I have not, and to the best
of my knowledge and belief, no otlier person, nor any club,
society, or association has on behalf of the said candidate made
any payment, or given, promised, or offered any reward, office,
employment, or valuable consideration, or incurred any liability
on account of or in respect of the conduct or management of
the said election ;
And I further solemnly and sincerely declare that I have
received from the said candidate pounds and no
more \or nothing] for the purpose of the said election, and that,
except as specitied in the said return sent by me, no money,
security, or equivalent for money has been paid, advanced,
given, or deposited by any one to me or in my hands or to the
best of my knowledge and. belief, to or in the hands of any
other person for the purpose of defraying any expenses incurred
on behalf of the said candidate on account of, or in respect of
the conduct or management of the said election.
Signature of declarant A.B.
Signed and declared by the above-named declarant on the
day of before me.
(Signed) E.F.
Justice of the peace for
Form of Eetuhn of Election Expenses.
I, A.B., being election agent to CD., candidate at the elec-
tion for the county [or borough] of on the
day of , make the following return respecting
election expenses of the said candidate at the said election [or
where the candidate has named himself as election agent, '' I, C.J).,
" candidate at the election for the county [or borough] of
*' on the day of , acting
■" as my own election agent, make the following return respect-
■" ing my election expenses at the said election"].
Receipts,
Keceived of [the above-na^ned candidate^ [or ivhere th-e | ,^
candidate is his own election aycid., "Paid by me"] j
lieceivcd of J.K. ..,....£
70
A .D. 1883. [Here set out the name and description oj every person^
club, society, or association, whether the candidate or
not, from whom any money, securities, or equivalent of
money was received in respect of expenses incurred on
account of or in connexio7i with or incidental to the
above electioi, afid the amount received from each person,
club, society, or association separately. ]
Expenditure.
Paid to E.F., the returning officer for the said \
county \or borough] for his charges at the said > £
election . . . . . . . . /
Personal expenses of the said CD., paid by himself \
[or if the candidate is his own election agent, " Paid | £
by me as candidate"] . . . . . )
Do. do. paid by me \
I or if the candidate is his own election agent, add > £
" acting as election agent "] . . . .;
Received by me for my services as election agent \
at the said election [or if tl e candidate is his own > £
election agent, leave out this itern^ . . . . )
Paid to G.H. as sub-agent of the polling district of £
[The tuone and description of each sub-agent and the
sum paid to him must be set ovt separately. ~\
Paid to as polling agent . . . £
Paid to as clerk for days services . £
Paid to as messenger for days services . £
[The names and descriptions of every polling agetit,
clerk, and mes'ienger, and the sum p)(tid to each, must be
set out separately cither in the account or in a separate
list an7iexed to and referred to in the account, thus,
"Paid to polling agent (or as the case may be) as
per annexed list £ ."]
Paid to the following persons in respect of good^
supplied or work and labour done :
To P. Q. (printing) £
To J/.iV. (advertising) £
To E.S. (stationery) £
[The name and description of each person, and the
nature of the goods supplied, or the work and labour
done by each, must be set out separately either in the
,. account or in a separate list annexed to and referred to
in the account. ~\
Paid for postage ..."...£
Paid for telegrams ......£
Paid for the hire of rooms as follows : —
For holding public meetings , . . . £
For committee rooms . . . . . £
[A room hired for a public meeting or for a com-
71
tnifiee room must he named or described so as to identify A.D. 1883.
it ; and the name and description of every person to
whom any payment was >rade for eaeh such room, to-
gether toith the amount paid, must he set out separately
either in the accour.t or in a separate list annexed to
and referred to in the account.'\
Paid for laiscellaueuus matters, namely — . . £
\_The name and description of each person to ichom
ttny sum is paid, and the reason for which it ivas paid
io him, must he set out separately either in the account
>er in a separate list annexed to and referred to in the
iaccount.^
In addition to the above, I am aware, as election
agent for CD., [or if the candidate is his own election
^gent, leave out " as election agent for C.Z?."] of the
following disputed and unpaid claims ; namely, —
Disputed claims.
By T.U. for £
\^Sere set out the name 'and description of each person
whose claim is disputed, the amount of the claim, and
the yoods, work, or other matter en the ground of ichich
the •olaim is hased.^
Unpaid claims allowed by the High Court to be
paid after the proper time or in respect of which
application has been or is about to be made to the
High Court.
ByJ/.O. for £
\Sere st&te the name and description of each person
to whom any such claim is due, and the amount of the
claitn, and the goods^ work, and labour 'brother matter on
«,ocovM of which the claim is due.~\
(Signed) A.B.
PART II,
FoKM OF Declaration as to Expenses,
Form for candidate ivhere declared a candidate or nominated in his
absence and taking no part in the election.
I, , having been nominated [or having been
declared by others J in nay absence [to be] a candidate at the
election for the county or borough of
held on the day of , do hereby solemnly
and sincerely declare that I have taken no part whatever in the
said election.
And I further solenanly and sincerely declare that [_or with
the exception of ] I have not, and no person, club,
society, or association at my expense has, made any payment or
given, promised, or offered, any reward, office, employment, or
72
A.D. 1883. valuaLle consideration, or incurred any liability on account of
or in respect of the conduct or management of the said election.
And I further solemnly and sincerely declare that [_or with
the exception of ] I have not paid any money or given
any security or equivalent for money to the person acting as my
election agent at the said election, or to any other person, club,
society, or association on account of or in respect of the conduct
or management of the said election, and that [_or with the
exception of ] I am entirely ignorant of any
money security or equivalent for money having been paid,
advanced, given, or deposited by any one for the purpose of
defraying any expenses incurred on account of or in respect of
the conduct or management of the said election.
And I further solemnly and sincerely declare that I will not,
except so far as I may be i:)ermitted by law, at any future time
make or be party to the making or giving of any payment,
reward, office, employment, or valuable consideration for the
purpose of defraying any such expenses as last mentioned, or
provide or be party to the providing of any money, seciu-ity, or
equivalent of money for the purpose of defraying any such
expenses.
Signature of declarant CD.
Signed and declared by the above-named declarant on the
day of , before me,
(Signed) E.F.
Justice of the Peace for
THIRD SCHEDULE.
A.D. 1883.
CoRHurT Practices Prevention Acts.
Session and Chapter,
Title of Act.
Enactments referred to
as being the Con-upt
Practices Preveutiuii
Acts.
17 & 18 Vict. c. 102
2G & 27 Vict. c. 29
31 <fc 32 Vict. c. 125
3.3 & 36 Vict. c. 33
42 k 43 Vict. c. 7o
30 & 31 Vict. c. 102
31 & 32 Vict. c. 18
31 & 32 Vict. c. 49
44 k 45 Vict. c. 40
PART ONE.
Temporari/.
Tlie Corrupt Practices Pre-
vention Act, 1854.
An Act to amend and continue
the law relating to corrupt
practices at elections of
members of Parliament.
The Parliamentsiy Elections
Act, 1868.
The Ballot Act, 1872 .
The Parliamentary Elections
and Corrupt Practices Act,
1879.
PART TWO.
Permanent.
The Representation of the
People Act, 1867.
The Representation of the
People (Scotland) Act, 1868
The Representation of the
People (Ireland) Act, 1868.
The Universities Elections
Amendment (Scotland) Act,
1881.
The whole Act so far as
unrepealed.
The whole Act so far as
imrepealed.
The whole Act so far ae
imrepealed.
Part III. so far as un-
repealed.
The whole Act so far as
unrepealed.
Sections eleven, fortj"
nine, and fifty.
Sections eight and forty -
nine.
Sections eight and thii--
teen.
Sub-section seventeen
of section two.
74
A.D. 1883. PAET THEEE.
Enactments defining the Offences of Bribery and
Personation.
The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict.,
0. 102, ss. 2, 3.
Bribery 8. 2. The following persons shall be deemed guilty of bribery,
defined, j^^fj gl^aH })q punishable accordingly : —
(1.) Every person who shall, directly or indirectly, by him-
self, or by any other person on his behalf, give, lend,
or agree to give or lend, or shall offer, promise, or
promise to procure or to endeavour to procure, any
money or valuable consideration to or for any voter, or
to or for any person on behalf of any voter, or to or
for any other person in order to induce any voter to
vote or refrain from voting, or shall corruptly do any
such act as aforesaid on account of such voter having
voted or refrained from voting at any election :
(2.) Every person who shall, directly or indirectly, by him-
self, or by any other person on his behalf, give or
procure, or agree to give or procure, or offer, promise,
or promise to procure or to endeavour to procure, any
office, place, or emplojinent to or for any voter, or to
or for any person on behalf of any voter, or to or for
any other person in order to induce such voter to vote
or refrain from voting, or shall corruptly do any such
act as aforesaid on account of any voter having voted
or refrained from voting at any election :
(3.) Every person who shall, directly or indirectly, by him-
self or by any other person on his behalf, make any
such gift, loan, offer, promise, procurement, or agree-
ment as aforesaid to or for any person, in order to in-
duce such person to procure or endeavour to procure
the return of any person to serve in Parliament, or
the vote of any voter at any election :
(4.) Every person who shall, upon or in consequence of any
such gift, loan, offer, promise, procurement, or agree-
ment, procure or engage, promise, or endeavour to
procure the return of any person to serve in Parliament,
or the vote of any voter at any election :
(5.) Every person who shall advance or pay, or cause to be
paid, any money to or to the use of any other person
with the intent that such money or any part
thereof shall be expended in bribery at any election,
or who shall knowingly pay or cause to be paid any
money to any person in discharge or repayment of any
money wholly or in part expended in bribery at any
election. Provided always, that the aforesaid enact-
ment shall not extend or be construed to extend to any
money paid or agreed to be paid for or on account of
75
any legal expenses bona fide incurred at or concerning A.D. 188:5.
any election.
s. 3. Tlie following persons shall also be deemed guilty of ^"^'T^fl*"^"
bribery, and shall be punishable accordingly : —
(1.) Every Voter who shall, before or during any election,
directly or indirectly, by himself or by any other person
on his behalf, receive, agree, or contract for any money,
gift, loan, or valuable consideration, office, place, or em-
ployment, for himself or for any other person, for
voting or agreeing to vote, or for refraining or agreeing
to refrain from voting at an}' election :
Every person who shall, after any election, directly or
indirectly', by himself or by any other person on his
behalf, receive any money or valuable consideration on
account of any person having voted or refrained fn)m
voting, or having induced any other person to vote or
refrain from voting at any election.
(2-:
The Eepresentation of the People Act, 1867, 30 & 31 Vict.,
c. 102, 8. 49.
Any person, either directly or indirectly, corruj^tly paying Corrupt pay-
any rate on behalf of any ratejmyer for the purpose of enabling J^'^?*' "^ rates
him to be registered as a voter, thereby to influence his vote at
any future election, and any candidate or other person, either
directly or indirectl}^, paying any rate on behalf of any voter
for the purpose of inducing him to vote or refrain from voting,
shall be guilty of bribery, and be punishable accordingly ; and
any person on whose behalf and with whose privity any such
payment as in this section is mentioned is made, shall also be
guilty of bribeiy, and punishable accordingly.
to be punish-
able as bri-
bery.
The Eepresentation of the People (Scotland) Act, 1868, 31 & 32
Vict. c. 48, s. 49.
Any person, either directly or indirectly, corrujitly paying Corrupt pay-
any rate on behalf of any rate2)ayer for the purpose of enabling "^^^^ "* '"i^**^^
him to be registered as a voter, thereby to influence his vote at
any future election, and any candidate or other person, either
directly or indirectly, paying any rate on behalf of any voter
for the purj)ose of inducing him to vote or refrain from voting,
shall be guilty of bribery, and be punishable accordingly ; and
any person on whose behalf and with whose privity any such
pajTuent as in this section mentioned is made shall also be guilty
of bribery, and punishable accordingly.
to be jjiiuish-
able as bri-
bery.
The Universities Elections Amendment (Scotland) Act, 1881,
44 & 45 Vict. c. 40, s. 2.
17. Any person, either directly or indirectly, corruptly paying Corrupt pay
any fee for the purpose of enabling any person to be registered ^^^ " ^^^^
■egia-
76
A.D. 1883.
tration fee to
be punishable
as bribery.
Personation
defined.
as a member of the general council, and thereby to influence
his vote at any future election, and any candidate or other j^erson,
either directly or indirectly, paying such fee on behalf of any
person for the purpose of inducing him to vote or to refrain
from voting, shall be guilty of bribery, and shall be punishable
accordingly ; and any person on whose behalf and with whose
privity any such payment as in this section mentioned is made,
shall also be guilty of bribery, and punishable accordingly. .
The Ballot Act, 1872, 35 & 36 Vict. c. 33. s. 24.
A person shall for all purposes of the laws relating to parlia-
mentary and municipal elections be deemed to be guilty of the
offence of personation who, at an election for a county or borough,
or at a municipal election, applies for a ballot paper in the name
of some other person, whether that name be that of a person
living or dead, or of a fictitious person, or who, having voted
once at any such election, applies at the same election for a
ballot paper in his own name.
FOUETH SCHEDULE.
Short Titles.
•Session and Chapter, j
I
Long Title.
15 & 16 Vict. c. 57
•2(5 & 27 Vict. c. 29.
An Act to provide for more
effectual inquiry into the
existence of corrupt prac-
tices at the election of mem-
bers to serve in Parliament.
An Act to amend and continue
the law relating to corrupt
practices at elections of
members of Parliament.
Short Title.
Election Commissioners
Act, 1852.
The Corrupt Practices
Prevention Act, 1863.
77
FIFTH SCHEDULE.
A.D. 188:i.
Enactments Repealed.
Note. — Portions of Acts which have already been specifically
I'^pealed are in some instances included in the repeal in tliis
Schedule in order to preclude henceforth the necessity of looking-
back to previous Acta.
A description or citation of a portion of an Act is inclusive
of the words, section, or other part first or last mentioned, or
otherwise referred to as forming the beginning or as forming the
end of the portion comprised in the description or citation.
Session and Chapter.
Title or Short Title.
Extent of Repeal.
60 Goo. 3 &l Geo. 4.
An Act for the better regula-
Section thirty-six.
c. 11.
tion of polls, and for making
further pro-\asions touching
the election of members to
serve in Parliament for
Ireland
1 & 2 Geo. 4. c. 58.
An Act to regnlate the ex-
The whole Act except
penses of election of mem-
section three.
bers to serve in Parliament
for Ireland.
4 Geo. 4. c. 56.
An Act to consolidate and
amend the several Acts now
in force so far as the same
relate to the election and
return of members to serve
in Parliament for the coun-
ties of cities and counties of
towns in Ireland.
Section eighty-two.
17 & 18 Vict. c. 102.
The Corrupt Practices Preven-
Section one.
tion Act, 1854.
Section two, from ' ' and
any person so offend-
ing"' to " with full
costs of suit."
Section three, from
' ' and any person so
offending" to the
end of the section.
Section four.
Seotion five.
Section six.
Section seven, from
" and all payments "
to the end of tho
section.
Section nine, section
fourteen, section
twenty-three, section
thirty-eight, from
"and the words per-
sonal Expenses" to
the end of the section
and section thirty-
nine and Schednle A .
A.D. 1883.
Session and Chapter.
Title or Short Title.
21 & 22 Vict. c. 87
26 & 27 Vict. c. 29
30 & 31 Vict. c. 102
31 & 32 Vict. c. 48
31 & 32 Vict. c. 49
31 & 32 Vict. c. 58
31 & 32 Vict. e. 125
An Act to continue and amend
the Corrupt Practices Pre-
vention Act, 1854.
An Act to amend and continue
the law relating to corrupt
practices at elections of
Members of Parliament.
The Representation of the
People Act, 1867.
The Representation of the
People (Scotland) Act, 1868
The Representation of the
People (Ireland) Act, 1868.
The Parliamentary Electors
Registration Act, 1868.
The Parliamentary Elections
Act, 1868.
Extent of Repeal.
The whole Act.
The whole Act, except
section six.
Section thirty-four,
from ' ' and in other
boroughs the jus-
tices'' to ' 'greater pa rt
thereof is situate "
and section thirty -six
Section twenty-five.
Section twelve.
Section eighteen, from
" the power of divid-
ing their county " to
the end of the section
So much of section
three as relates to
the definitions of
" candidate."
Section sixteen.
Section thirty-three.
Section thirty -six.
Section forty-one, from
' ' but according to
the same principles ' '
to ' ' the High Court
of Chancery."
Section forty-three.
Section forty-five.
Section forty -six.
Section forty -seven.
Section fifty-eight,froni
' ' The principles
down to "in the
court of session,"
being .«;ub-secti(in
sixteen.
79
Session and Chapter.
Title or Short Title.
35 & 36 Vict. c. 33
42 & 43 Vict. c. 75
43 Vict. c. 18 .
The Ballot Act, 1872
Extent of Repeal.
The Parliamentary Elections
and Corrupt Practices Act,
1879.
The Parliamentary Elections
and Corrupt Practices Act,
1880.
Section five, from the
beginning down to
"one hundred re-
" gistered electors."
Section twenty-four,
from ' ' The oif ence of
" personation, or of
"aiding," to "hard
labour, ' ' and from
"The offence of
" personation shall
' ' be deemed to be "
to the end of the
section.
Section thi-ee
schedule.
and
The whole Act, except
sections one and three.
A.D. 1883,
81
INDEX.
PAQE.
ABDUCTION, to prevent person voting 25
ADVANCES or Deposits must be made through Election Agent .... 34
ADVERTISINa AGENT, although an Elector, may be paid 26
AFFIDAVITS used on application to withdraw Petition, must be sent
to Public Prosecutor 46
must be made by all parties to application and their solicitors.. 46
AGENT, ELECTION, nomination of 32, 33
return by of election expenses 37
declaration by 68
payment by of disputed claims after time specified 35
punishment for illegal payment or employment 31
power of High Court to except omission by 32
excusal by Court of non-return by 38
AGENTS, if paid, may not vote 65
liability of Candidates for acts of 25
AGREEMENT for withdrawal of Election Petition illegal 46
APPEAL, right of, by persona reported guilty by Commissioners .... 41
will lie to next assizes 41
to Quarter Sessions 53
Election Judges may be sent to hear 41
ASSOCIATIONS included in word " person" 57
ATTORNEY-GENERAL includes Solicitor -General 57
BAIL, power of Court to take, person prosecuted for corrupt or illegal
practice 48
BANNERS, payment for, illegal 30
BARRISTER reported guilty of corrupt practice 42, 43
of ten years' standing may represent Public Prosecutor 48
BILL, name of printer and publisher to be on face of 30
BILL POSTING, payment to elector for, when illegal 26
BOROUGH may be ordered to pay costs of Election Petition 49
Mayor of, reported guilty of corrupt practice 42
BRIBERY defined 74, 75
punishment for 25
CANDIDATE, definition of 56
not liable for certain acts of ordinary agents 27
may name himself as Election Agent 32
liability for acts of sub-agent 33
excusal by Court of non-return by Election Agent 38, 39
corrupt practices by 25
when guilty of illegal practices 27
liable for illegal contracts, although not made by Election
Agent 34
P
82
PAGE
CANDIDATE when only liable for illegal practice of his Election Agent 27
not incapable of sitting although reported by Commissioners,
if reported duly elected by Court 42
dwelling of, not to be considered a committee room 58
declaration by, of election expenses 3?
declaration by 68, 71
time limited if absent from country 38
power of High Court to except omission by 32
payment of disputed claim by, after time specified 35
piinishment of, for corrupt practices 25
withdrawal of corruptly procuring 29
punishment for illegal payment or employment 31
CANDIDATES, expenses of joint 67
CARRIAGE, HACKNEY, hiring, illegal if for gratuitous conveyance
of voters 29
CENTRAL CRIMINAL COURT, persons prosecuted under this Act
may be tried at 47, 51
CLAIMS to be served upon Agent to be left at his office 34
sent in after time specified 35
barred unless sent in within 14 days 35
unpaid, statement of, to be made by Election Agent 37
disputed may be sued for 35
disputed, what is to be deemed a 35
may be refeiTcd by Court , 36
CLERKS to be appointed by Election Agent 34, 64
if paid may not vote 65
CLUB, PERMANENT POLITICAL, committee-room at 31
COCKADES, payment for, illegal 30
COMMENCEMENT of Act 59
COMMISSIONERS, ELECTION, enquiry by 29
COMMITTEE ROOMS to be hired by Election Agent 34
payment for, in excess of number prescribed 26
dwelling of Candidate not a 58
in Public Elementary School illegal 31
may not be held in licensed houses 31
CONTINUxVNCE of Act 63
CONTRACTS for Election Expenses must be made by the Election
Agent 34
Candidate liable for illegal contracts althoiigh not enforceable 34
CONVEYANCE OF VOTERS, payment for prohibited 26
when it may be provided 51
hackney carriages may not be lent for 29
COSTS, scale of 49
of Public Prosecutor, parties to Petition may be ordered to pay 48
Public Prosecutor not to be required to give security 52
recovery of 54
of Election Petition. The Court may order Comity or Borough
to pay 49
CORRUPT PAYMENT of registration fee (Scotch Universities) 75
of rates 75
83
PAGE
CORRUPT PRACTICES, what are 4. 24, 25
person charged with, to be heard in defence 41
persons guilty of may be ordered to pay costs 49
Justices of the Peace reported guilty of 42
overseers to publish list of persons guilty of 43
Public Prosecutor to reijort professional persons guilty of ... . 42
punishment of Candidate for 25, 47
of any other person 25, 47
persons may be committed for trial at any Court 47
Public Prosecutor to prosecute for 47
CREDITORS, saving of the rights of 30
COURT may give leave for payment of disputed claim after time
specified 36
jurisdiction of 53
will stay proceedings against persons holding certificates of
indemnity 55
rules of 64
persons prosecuted for corrupt practices may be tried at any. .47, 51
may order attendance of Election Agent 39
may order Agent to make return 39
power of, to except innocent act 32
COUNTY may be ordered to pay costs of Election Petition 49
DECLARATION by Candidate 37, 68
by Agent 37, 68
false, by Election Agent 38
DECLARATIONS and Returns may be inspected 40
are to be returned or destroyed after two years 40
DEFINITION OF CANDIDATE 66
DEPOSITS or advances must be made through Election Agent 34
DEPUTY ELECTION AGENT, appointment of 33
DIRECTOR OF PUBLIC PROSECUTIONS, see Public Prosecutor.
DISPUTED CLAIM, what is to be considered a 35
reference may be made of 36
may be sued for 35
Court may give leave for payment of, after time specified .... 35
DISQUALIFICATION of Electors 40
ELECTION AGENT, each Candidate may appoint one 64
name to be published by Returning Officer 33
to have an office 33
Candidate liable for certain acts of 27
all deposits or advances must be through 34
all payments must be through 34
remuneration of 36
illegal payment by 31
return by, of expenses 37
statement of unpaid claims 37
appointment of sub-agent 33
liable for perjury if he makes false declaration 38
revocation of appointment of 33
ELECTION, meaning of 57
84
PAOE.
ELECTION void, if corrupt practices proved 25
not voided, althougli Commissioners report against, if Candidate
reported duly elected by Court 42
evidence of having been duly held 53
ELECTION EXPENSES, summary of to be published 40
return of 69
ELECTION COMMISSIONERS, enquiry by 29
not to enquire into elections before the Act 51
ELECTION COURT, meaning of 57
includes Election Commissioners 55
report of, exonerating Candidate 31
report of, to be submitted to Attorney -General 55
has power to try summarily person guilty of corrupt practice.. 47
ELECTION JUDGE, report of 27
ELECTIONS before the Act not to be enquired into 51
ELECTION PETITION, meaning of 57
time for presenting 44,45
amendment of, by leave of Court 45
Public Prosecutor to be represented at every trial of 47
parties to, may be ordered to pay Public Prosecutor's costs . . 48
report of Court on 25
trial of, to be proceeded with continuously 46
evidence given on, not admissible in any other proceeding .... 55
Court may order County or Borough to pay costs of 49
persons guilty of corrupt practice may be ordered to pay costs 49
ELECTOR accepting treating 24
EMPLOYMENT illegal 29, 30
EVIDENCE of election held 53
given on Election Petition not admissible against witness in
any other proceeding 55
EXCUSE for non-retui'n of election expenses 38, 39
EXHIBITION OF BILLS by Elector may not be paid for 26
exception to this rule 26
EXPENSES which are legal 65
FALSE DECLARATION by Election Agent 38
FALSE STATEMENT of withdrawal of Candidate an illegal practice. 27
FLAGS, payment for, illegal 30
FORCE used to prevent person voting or to induce person to vote .... 24
FORMS 68, 72
HACKNEY CARRIAGES may not be hired to convey voters 29
may be hired by voters for their own conveyance 29
may not be lent for gratuitous conveyance of voters 29
HIRING, illegal 29
HORSE usually let for Hire, may not be lent for conveyance of voters. 29
HUSBAND may be a witness for or against his wife 52
ILLEGAL CONTRACTS, Candidate liable for consequences 34
ILLEGAL PAYMENT 29, 30
employment 29, 30
hiring 29
puiiisliment for 31
PAQE
ILLEGAL PRACTICES, what are 26
making payment except through Agent 34
payment of claim after specified time, an 35
non-return by Election Agent of expenses, an 38
peraon may be committed for trial at any Court 47
person charged with, to be heard in defence 41
Public Prosecutor to prosecute for 47
INCAPACITY, person not relieved from, by certificate of indemnity. . 55
of voter removed where evidence was perjured 49
INDEMNITY, certificate of, witness when entitled to 54
does not relieve person from any incapacity 65
INJURY, temporal, threat of 24
spiritual, threat of 24
INSPECTION of returns and declarations 40
INTOXICATING LIQUOR, premises for sale of, may not be used as
committee room 30
IRELAND, application to 62
JOINT CANDIDATES, expenses of 67
JUDGES, authority of Election, to continue after the date they are on
the rota for 46
JUDICIAL OFFICE, exclusion from if found guilty of corrupt practice 26
what is included in the term 58
JURISDICTION OF COURT, see Court.
JURY, persons prosecuted for corrujit practices may demand a 47, 51
JUSTICE OF THE PEACE, reported guilty of corrupt practice may
be removed 42, 43
JUSTICES may refuse to renew license of persons guilty of bribery or
treating 43
LEGAL EXPENSES 65
LICENSE, Register of, report of persons guilty of bribery or treating to
be entered in 43
LICENSED VICTUALLER reported guilty of bribery or treating . . 42
LIMITATION OF TIME for prosecution of oflEenoos 51
LIST OF PERSONS incapacitated to be made out by Registration
Offlcer 43
to be printed and published with the register 44
MAYOR OF A BOROUGH reported guilty of corrupt practice 42
MAXIMUM SCALE " ] 66
MESSENGERS, how many may be aj)pointed 64
if paid, may not vote 60
to be appointed by Election Agent 34
MISCELLANEOUS MATTERS, maximum for !.'.".'.*..*.'!*. 65
MONEY provided for election must be paid to Candidate or Agent 34
petty expenses not included 3^
statement of all received by Election Agent 37
MUSIC, bands of, payment for, illegal 3q
NOTICE, public, by Returning Officer 56
service of ^g
to be served upon Agent, to be left at his office 34
OFFICE, Election Agent to have an 33
86
PAGE
OFFICER, breach of duty by 55
OMISSION by Caudidate or Ag-eut, power of High Court to except . . 32
OVERSEERS to publish list of persons guilty of corrupt practices .... 43
to omit names of all such persons from list of voters 44
or to object to them 44
PARLIAMENTAP^Y ELECTION, persons cannot vote at, when
guilty of illegal practice 27
PARTICULARS of petty expenses to be sent to Election Agent .... 36
PAYMENT, what it includes 58
of expenses must be through Election Agent 34
illegal 29, 30
by Election Agent must be vouched by bill 35
of petty expenses may be authorised by Election Agent 36
of sum beyond maximum scale illegal 27
for bands of music, &c., prohibited 30
PENALTY for omission to make retui'n of election expenses 39
for bribery or personation 25, 47
for undue influence or treating 25, 47
for illegal payment 31
for corrupt or illegal practice awarded by Election Court .... 47
for making payment or advance except through Agent 34
for illegal practice of Candidate 28
for illegal practice of other persons 27
" PERSON " inchides association 57
reported guilty by Election Court to be incapacitated 42
incapacitated prohibited from voting 40
charged with corrupt or illegal practices to be heard in defence 41
PERSONATION defined 76
a felony 26
penalty for 25
PERSONAL EXPENSES of Candidate 36, 68
account of, must be sent to Election Agent 36
PETITION, ELECTION, time for presenting 44, 45
amendment of 45
PETTY EXPENSES, payment of, may be authorised by Election
Agent 36
POLL, conveyance of voters to the 26
POLLING AGENT, meaning of 57
one to each polling place 64
to be appointed by Election Agent 34
POLLING DISTRICTS, division of 50
not to apply to Scotland 60
not to apply to Ireland 62
expenses of division 50
POSTER, name and printer and publisher to be on face of 30
PRIVILEGE of SoUcitor 55
of witness 54
PROFESSIONAL PERSON guilty of corrupt practice to be reported
to Public Prosecutor 42, 43
87
PAOE
PUBLICAN, see Lir.cusod Viotiiullcr.
PUBLICATION of Huiumary of oleiitioii oxpoiiHos 40
"PUBLIC OFFICE," meauing of ">8
exclusion from on conviction for corrupt practices 26
person guilty of coiTiipt practice cannot vote for 27
PUBLIC PROSECUTOR to be represented at trial of every Election
Petition 47
power to call witnesses at 47
to prosecute all persons guilty of corrupt or illegal practice . . 47
to report to Lord Chancellor, Justices of Peace guilty of
corrupt practice 42
to report professional persons guilty of corrupt practices 42
representative of, at trial of Petitions 48
notice of appeal to be given to, by person convicted of corrupt
practice 41
to have copy of affidavits supplied him on application to with-
draw Petition 46
may be heard by himself or deputy to oppose withdrawal of
Petition 46
to make independent enquiry 49
to act under direction of Attorney -General 54
costs of, how to be paid 48, 54
not to be required to give security for costs 52
QUARTER SESSIONS, appeal to 53
RAILWAY fares for Electors, payment of prohibited 26
RATES, corrupt payment of 76
RECEIPT, aU payments must be vouched by 35
REFERENCE of disputed claim may be made by Court 36
REGISTRATION OFFICER, definition of 57
to make out list of persons incapacitated from voting 43
REGISTRATION FEE, corrupt payment of 75
REGISTRATION OF VOTERS, incapability, when guilty of corrupt
practices 27
REPORT of Election Court 27
of Commissioners to be submitted to Attorney -General 55
exonerating Candidate in certain cases 31
REPRESENTATIVE of Public Prosecutor, aijpointment of 48
remuneration of 48
RESTRAINT, to prevent persons voting 24
RETURN OF ELECTION EXPENSES, when failure to make, excused 38
may be inspected 40
to be returned, or destroyed after two years 40
form of 69
RETURNING OFFICER to give notice of name of eveiy Election
Agent 33
to publish summary of election expenses 40
expenses, statement of 36, 37
REVISING BARRISTER to deal with list of persons guilty of corrupt
practices 44
only to determine whether person convicted or reported 44
RULES OF COURT may be made or altered 54
PAGE
SCHOOL, Public Elementary, Committee Room at, prohibited 31
SCOTLAND, application to 59
SERVICE OF NOTICES 56
SOLICITORS to parties applying^ to withdraw Petition must make
affidavits 45
privilegre of 55
of ten years' standing may represent Public Prosecutor 48
reported guilty of corrupt practice 42, 43
SUB-ELECTION AGENT, appointment of 33
one to each polling place 64
to have an office 33
SUMMARY OF ELECTION EXPENSES to be published by Re-
turning Officer 40
SUMMARY JURISDICTION ACT, application of 53
SUMMONS, Court may issue, for attendance of accused person 48
SPIRITUAL INJUTIY, threat of 24
TEMPORAL INJURY, threat of 24
THREAT to inflict injury, to prevent person voting 24
TIME, limitation of, for prosecution 51
when time begins to run 52
for declaration of expenses by Candidate if absent from the
country 38
for payment of election accounts 35
for petitioning against return 44, 45
for return of expenses by Election Agent 37
for declaration of election expenses by Candidate 37
TORCHES, payment for, iUegal 30
TREATING, what is 24
who are liable for 24
Elector accepting 24
TRIAL OF ELECTION PETITION to be proceeded with continuously 4 6
UNDUE INFLUENCE, definition of 24
punishment for 25
VIOLENCE used in order to influence vote 24
VOTERS cannot be registered when proved guilty of illegal practice. . 27
guilty of corrupt practice may not vote 40
VOTING by person prohibited, an illegal practice 27
WARRANT, Court may issue, for apprehension of accused person . . 48
WITHDRAWAL OF CANDIDATE, false statement of 27
corruptly procuring 29
WITHDRAWAL OF ELECTION PETITION, Public Prosecutor
may oppose 46
the Court to report to the Speakar 46
by leave of Court 45
agreement for, illegal 46
WIFE may be a witness for or against her husband 52
WITNESS, when entitled to certificate of indemnity 54
privileges of 54
Husbands and Wives may give evidence for or against each
other <j2
Bij the s<im,e Author, 'in- Crown 8vo, po>itfree, 4,<?. nett.
A HANDBOOK
OF THE LAW OF
PARLIAMENTARY REGISTRATION,
With an Appendix of Statutes and full Index.
"An elementary as well as practical treatise on the subject
was very much required, and is sure to be welcomed by a large
section of the community.
" Overseers and others engaged in the routine of Registration
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little book, a perusal of which has satisfied us that the principles
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various statutes dealing with Eegistration are set out, so far as
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" This little work will be found useful alike to the public,
and to those who act as agents in Eegistration Courts. It
clearly shews the various franchises existing in Counties and
Boroughs, and how to obtain them.
" It cites the leading cases upon points which arise in
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Last, but not least, it contains eighteen pages of carefulty
compiled index, and being written by a practical man may be
considered reliable." — Laio Times.
"Mr. Seager's book explains l)oth the law and the practice
in a very lucid and able manner." ....
"The decisions arrived at are compactly stated, so that
persons who think thouisolves entitled to votes may solve the
ciuestion with very little trouble by turning to this valuable
handbook." — Daily Chrnnicle.
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